I 



COVE LANDS. 



REPORT 




OP THB 



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COMMISSIONERS OF THE COVE LANDS, 



MADE PURSUANT TO RESOLUTIONS OF THE BOARD OF 
ALDERMEIfi OF THE CITY OF PROVIDENCE. 




PROVIDENCE : 
ANGELL, BURLINGAME & CO.. PRINTERS. 

1877. 



\/ 









L REPORT OF THE COMMISSIONERS. 
II. COPIES FROM THE RECORDS. 



RESOLUTIONS OF THE BOARD OF ALDERMEN. 
[Passed May 14, 1874.] 

Resolved. That the commissioners of the cove lands be, and they are 
hereby requested to ascertain and report to this board, with proper maps and 
diagrams, as soon as practicable: 

First. The quantity of land above Weybosset bridge filled into tide water 
by the several railroad companies, under authority from the general assem- 
bly or the city council; stating the portion filled by each company, the condi- 
tions under which said filling was done, and all particulars in relation thereto. 

Second. The quantity of land now occupied by the several railroad com- 
panies, or claimed by them under said grants. 

TJiird. How said lands so held by said railroad companies are occupied 
and used. 

Fourth. "Whether said railroad companies are using said lands in confor- 
mity with the conditions and restrictions contained in said grants. 

Fifth. Whether said railroad companies have laid tracks over, and other 
wise taken possession of lauds not granted to them by the genei-al assembly 
or city council. 

Sixth. The quantity of unoccupied land belonging to or in possession of 
the city, filled into tiOe water or flowed by tide water above Weybosset 
bridge. 



REPORT. 



To THE Hon. Board of Aldermen of the City of 
Providence : — 

The undersigned, Commissioners of the Cove Lands, 
pursuant to resolutions of your honorable body, passed 
on the 14th day of May, 1874, submit the following 
report : 

The resolutions referred to requested this commis- 
sion to ascertain and report with proper maps and dia- 
grams, certain matters, to do which required a careful 
examination of the records of the city and state. The 
liability of these records and the mass of accompany- 
ing papers to destruction, and their importance in all 
such inquiries as may arise relative to the rights and 
liabilities of the railroad companies in and to the cove 
lands, have been deemed sufficient reasons for causing 
sucli copies as have been made for the use of the com- 
missioners to be printed, thereby securing their preser- 
vation and facilitating reference. There are papers 
and plats missing from the files of the city council, and 
in some cases committees appointed in reference to 
matters of importance failed to make reports, for 
which reasons some incompleteness will be found in 



the record. The main facts, however, will be found in 
the accompanying document. This contains all the 
resolutions, reports, and generally the petitions on 
which the same were based, concerning the relations 
between the several railroad companies and the cove 
lands; also such acts of the general assembly of the 
state as have a bearing thereon ; and copies from the 
records of tlie court of common pleas for this county, 
giving the locations of the several railroad companies 
on the cove lands. It also contains copies of the plats 
on file in the city clerk's office and in the clerk's office 
of the court of common pleas. 

By the resolutions first above referred to, the under- 
signed are requested to ascertain and report 

'''■Firsts The quantity of land above Weybosset bridge filled 
into tide water by the several railroad companies, under au- 
thority from the general assembly or the city council, stat- 
ing the portion filled by each company, the conditions under 
which said filhng was done, and all particulars in relation 
thereto." " 

The total area of land above Weybosset bridge, 
filled into tide water by the several railroad compa- 
nies, is 40ii|^ acres, or 1,743,371 square feet, which 
was filled by the several railroad companies in the fol- 
lowing proportions, viz. : — 

The Providence and Worcester Railroad Company 
filled in 22iVo% acres, or 994,991 square feet. 

The New York, Providence and Boston Pailroad 
Company filled in lOyflif acres, or 436,798 square feet. 

The Hai'tford, Providence and Fishkill Pailroad 



Company filled m 7iW acres, or 311,582 square feet. 

The authority for filling these lauds was originally 
derived from the general assembly of the state by 
the provisions of an act passed at the May session, 

1845, a copy of which is printed on page 173 of the 
accompanying record. Pursuant to this act, the city 
council granted to the Providence and Worcester 
Railroad Company, the right and privilege of estab- 
lishing a depot upon a portion of the land covered by 
the public waters above Weybosset bridge, by resolu- 
tions passed February 17, 1846. These resolutions 
prescribing also the conditions of the grant and the 
specifications adopted as the basis of the agreement 
between the city council and said railroad company 
relative to the filling of portions of the land, excava- 
tion of other portions, the building of walls, bridges, 
and other details oi the work, will be found on pages 
8-13 of the printed record. These specifications were 
subsequently modified or changed, sometimes by con- 
sent, at other times without permission and against the 
solemn protest of the city council, until by resolu- 
tion passed February 11, 1850, (see page 73) said rail- 
road company was released from all claim and demand 
of the city, or of any officer or person claiming under 
the authority thereof, for any omission or neglect of 
said company in carrying into effect the specifica- 
tions appended to the resolutions passed February 17, 

1846, on the payment of the sum of $10,000. 

The charter of the Providence and Worcester Rail- 



road Company, granted at tLe May session, 1844, (see 
extract on page 163,) authorized the corporation to lay 
out their road not exceeding six rods wide through 
the whole length. Copies of so much of the location 
as lies within the city limits, with the alterations there- 
of, and of the plats accompanying the same, are printed 
on pages 176-178 of the record. 

At the October session, 1850, the Providence and 
Worcester Railroad Company presented a petition to 
the general assembly for authority to complete the 
location of their road in this city. The petition was 
continued with order of notice till the next session. 
(See page 1 64.) A committee was appointed by the 
city council, December 9, 1850, to examine the same 
and report whether the city council ought to oppose 
the passage of the same by the general assembly. 
(See page 83.) The committee was never called to- 
gether, the singular reason for which action may be 
found on page 87. The authority requested by the 
railroad company was granted by the general assem- 
bly at its January session, 1851. (See page 164.) 
The location filed in the clerk's office of the court of, 
common pleas, with the accompanying plat, which 
clearly illustrates the claim of the company, are printed 
on page 178 of the reeord. Under this authority, the 
company claimed to hold a tract of land six rods in 
width and extending westerly 379 feet from near the 
west end of the passenger station, curving with a ra- 
dius of 7931 feet. 



By resolutions passed January 19, 1849, (see page 
106), permission was granted to the New York, Prov- 
idence and Boston Railroad Company, to erect a freight 
and passenger depot on a portion of this land, hut the 
company failed to comply with the conditions of 
the grant. (See top of page 86.) On the ""th of 
March, 1850, the surveyor of highways was instructed 
" to fence in and ornament with trees a small triangle 
of land immediately nortli of the intersection of Ex- 
change Place and Washington street." On the 7th of 
March, 1851, the mayor sent to the city council a mes- 
sage stating that the work had been commenced, but 
that the Providence and Worcester Railroad Company 
had notified the surveyor and himself, that said com- 
pany were about to claim the right of laying tracks 
upon a considerable part of said ground, and that 
if the city proceeded to make further expenditures i^ 
ornamenting the grounds the company would not be 
liable. (See page 85.) On recommendaticm of the 
committee to whom the foregoing message was referred, 
resolutions were passed, March 10, 1851, (see page 88,) 
appointing a committee to apply to the general as- 
sembly at their next session for a repeal of said act. 
■ No further action, so far as the record discloses, appears 
to have been taken, and the question of jurisdiction 
and title to the strip of land in question remains unde- 
cided, except as other circumstances, the occupancy 
thereof, etc. may have settled the matter. 

The General Assembly, by an amendment to the 



charter of the New York, Providence, and Boston 
E.AILR0AD Company, granted at the October session, a. 
D, 1846, empowered said company to locate, lay out 
and construct a railroad; commencing at any point of 
their railroad as now located and constructed, within 
six miles of their present depot in the city of Provi- 
dence, thence to and upon the cove in the city of Provi- 
dence, in such place and manner as will enable them 
to connect their railroad with the railroad of the Prov- 
idence and Worcester Railroad Company or with the 
railroad of the Boston and Providence Kailroad Com- 
pany upon said cove ; " and to lay out their road not 
exceeding six rods wide through the whole length ; 
the consent of the city council being first obtained 
to carrying said railroad into or through the city of 
Providence. (See page 167.) 

The city council, by resolutions passed September 
3 7^ 1847, granted consent to said company to construct 
their railroad to and upon the cove, for which resolu- 
tions, with the accompanying plat, and the conditions 
on which the land was to be filled and the road con- 
structed, see pages 97-99 of the record. 

For the location of the road and the accompanying 
plats, as filed in the clerk's office of the court of com- 
mon pleas, see page 179. 

By resolutions of the city council, passed February 
9, 1852, and on March 29, 1852, re-enacted with mod- 
ifications and amendments, the Hartford, Providence 
AND FisHKiLL E.AILR0AD CoMPANY was authorized to 



locate and construct its railroad into and through a 
part of the city, and to fill certain lands therein de- 
scribed for railroad purposes. These resolutions, with 
the accompanying plats, are printed on pages 109-112, 
and on pages 132-133 of the record. An extract from 
the charter is printed on page 170, and the report of 
the location made to the court of common pleas, with 
plats showing the location on the cove lands, are 
printed on page 180. 

" Second^ The quantity of land now occupied by the 
several railroad companies, or claimed by them under said 
grants." 

The following table contains the answer to this in- 
quiry : — 



Railroad Company. 


Acres. 


Square feet. 


Providence and Worcester . . . 

Boston and Providence 


6tVA 

3iVo% 
5tVA 


301,774 
219,336 
166,105 
223,045 
250,730 


Prov. & Wore, and Bost. & Prov 

New York, Providence and Boston 

Hartford, Providence and Fishkill 



" Thirds How said lands so held by said railroad companies 
are occupied and used." 

Generally for railroad purposes, except so far as this 
answer may be modified by the answer to the follow- 
ing inquiry. 



" Fourth^ Whether said railroad companies are using said 
lands in conformity with the conditions and restrictions con- 
tained in said grants." 

By resolution of the city council, passed March 8, 
1847, the Providence and Worcester Railroad Com- 
pany were authorized to erect their passenger and mer- 
chandize depots on the laud to bcf filled in by them in 
the cove according to the general plans accompanying 
their petition for the purpose. These plans were de- 
signated as Nos. ], 2 and 3. Nos, 1 and 3 are miss- 
ing from the files and records of the city council. 
Plat No. 2, a copy of which faces page 40 of the record, 
gives the plan of the passenger depot fronting on Ex 
change Place. The space now occupied on the first 
floor for a restaurant, news depot and water closets, 
and on the second floor used now or formerly as a hall, 
and in part by offices of another railroad company, 
was, according to this plan, to be left vacant, it being 
contemplated that there should be an open drive 
through to the cove promenade. The subsequent 
grants to the New York, Providence and Boston Rail- 
road Company, and the frequent passage of trains, ren- 
dered it too dangerous to carry out this proposed plan 
of a drive, and it was never undertaken. No authori- 
ty, however, was ever given, so far as the undersigned 
can learn, for the construction of the building used for 
restaurant and the other purposes above named. It is 
provided by the last clause ot Resolution 2, (see page 
10,) granting the right and privilege of establishing a 
depot, that "if at any future time any portion of said 



9 

land filled under the authority hereby s^ranted, shall 
cease to be used for railway purposes, all encumbrances 
shall be removed therefrom, and such land shall remain 
for public uses forever." 

On the location of the Hartford, Providence and 
Fishkill Railroad Company is a wooden building, about 
28 feet by 18 feet, used as a tool house, for which we 
know of no authority. 

A wooden platform of sixty-thi-ee feet in length has 
been built from the westerly end of the passenger de- 
pot, by the Hartford, Providence and Fishkill Railroad 
Company ; a like platform of about 304 feet in length 
from the westerly end of the same depot, by the New 
York, Providence and Boston Railroad Company; 
and a like platform of about 377 feet in length from 
the easterly end of the same depot, by the Providence 
and Worcester Railroad Company, — to none of which 
have the city council granted consent. 

** Fifths Whether said railroad companies have laid tracks 
over, and otherwise taken possession of, lands not granted to 
them by the general assembly or city council." 

The Hartford, Providence and Fishkill Railroad 
Company have, as will be seen by reference to the 
accompanying plat made for the use of the commis- 
sioners, extended their platform and laid tracks over 
a tract of land easteily of the land granted them and 
between the east line of their grant and Gaspee street. 
This tract, marked by the letters X. V. O., was, on the 
original plat, to be left open for a promenade and street ; 

2 



10 

and no authority has ever, to our knowledge, been 
granted for its present mode of occupancy. 

The New York, Providence and Boston Railroad 
Company have laid tracks over Cove street, to connect 
with a shop recently constructed outside of their loca- 
tion ; and the Providence and Worcester Railroad 
Company have laid on the east side of their freight 
depot on Canal street, a track of about 320 feet in 
length, for which we find no authority. 

Several miles of track have been laid by the railroad 
companies for which there is no express authority. By 
the act of the general assembly, passed at the May 
session, 1848, (see page 174 of the record,) "the city 
council of the city of Providence are hereby authorized 
to grant, upon such terms and conditions as they may 
deem for the public good, to any railroad company 
whose railroad now doth or hereafter shall terminate 
in said city, the right and privilege of laying rails upon 
and over the public lands and waters, and over and 
along the public highways and wharves, in said city, 
(not crossing the harbor, nor obstructing the passing 
up and down the same,) with suitable turn outs and 
spur tracks on the route; the whole to be located, 
constructed, and used, in all respects, as said city coun- 
cil, or as any authorized agent or officer appointed by 
said city council, shall from time to time direct or ap- 
prove." 



11 

By section 2 of the same act, the city council are 
empowered to enact from time to time, ordinances for 
the proper and convenient use of the rails, etc. 

Pursuant to this act, authority was given, January 
13, 1851, to the Providence and Worcester Railroad 
Company ( in addition to the privilege originally 
granted of using the portions marked on their plat as 
designed for railways) " to lay their rails either from 
the freight depot along Canal street, across the river 
and Market Square, and down West Water and Dyer 
streets, as far as said Company may think proper ; or 
to lay rails from their freight depot along Canal street, 
across Market Square and down the whole length of 
South Water street," (see page 83;) and by ordinance 
approved September 11, 1867, said Company were au- 
thorized to extend their rail track over that portion of 
South Water street recently laid out, and across India 
street, to connect with the track of the New York 
Steamship Company. (See page 95.) 

The New York, Providence and Boston Railroad 
Company, pursuant to the provision in their charter 
requiring the consent of the city council first to be 
obtained to carrying their railroad into or through the 
city of Providence, were authorized to lay " the need- 
ful railroad tracks" upon " land which may be filled 
upon public waters " by virtue of the resolutions giv- 
ing the required consent, (see page 99;) and with the 
approbation of the board of aldermen, were authorized 
to lay upon the land filled in by the Providence and 



12 

Worcester Kailroad Company such rail tracks "as may- 
be conveniect to connect with the depots and tracks 
heretofore authoiized to be built and laid by the 
Providence and Worcester Railroad Company, pro- 
vided that said rail tracks shall not be laid over any 
part of any contemplated streets." (See page 98.) 

By the resolutions consenting to the construction of 
the railroad of the Hartford, Providence and Fishkill 
Railroad Company, passed February 9th, 1852 (see 
page 111) it was provided, " 5th. That upon the 
land to be filled in, and on the land south and easterly 
of a line from point O to point L, on a plat of a certain 
grant to the New York, Providence and Boston Rail- 
road Company, recorded in book of plats No. 2, page 
1 5, in the city clerk's office, such rail tracks may be 
laid for the purposes of connecting the railroad of the 
Hartford, Providence and Fishkill Railroad Company 
with depots, stations and tracks of their own, or of 
other railroad companies, as the Board of Aldermen 
may approve." And by the resolutions passed March 29, 
1852, re-enacting the aforenamed resolutions with mod- 
ifications, it was provided that ^' nothing in said reso- 
lutions shall be construed to prevent said railroad 
company from laying such rail tracks as may be necess- 
ary and convenient for the purpose of connecting 
their railroad with the depots, stations and tracks of 
their own or of other railroad companies across the 
land south and easterly of the point O to the point L, 



13 

but not entering or infringing upon the 80 feet prom- 
enade around the margin of the cove." (See page 133.) 
By an ordinance approved January 12, 1864, said 
comj)any was authorized to lay a railroad track, "com- 
mencing at a point near the depot (vrest of Sabin street) 
and running with a single track, through Cove street 
to Dorrance street , thence, through Dorrance to Dyer 
street, and thence, through Dyer street, connecting 
with the adjacent wharves." (See page 147.) 

The resolutions granting consent to the construction 
of the railroad of the Providence and Springfield Rail- 
road Company may be found on pages 158 and 162 of 
the record. 

Further than the above, the commissioners know of 
no authority from the city, for the laying of the rails 
by the several railroad companies. 

A building occupied for the sale of coal, wood and 
other merchandise and fronting on Smith street, has 
been erected on land held by the Boston and Provi- 
dence Railroad Company under conveyances from the 
Providence and Worcester Railroad Company. This 
land was originally conveyed to the last named com- 
pany by deeds from the Blackstoue Canal Company, 
on record in the Recorder's office in Book No. 102, 
page 27, and from Philip Allen and others, on record 
in the same Book at page 31. 

From the records in the city clerk's office it appears 
that on the 1st day of October, 1798, a committee con- 



14 

sisting of William Larned, William Richmond and 
William Holroyd, pursuant to vote of the town coun- 
cil, laid out as a " water street,'* a triangular piece of 
land fronting on Smith street, 104 feet westerly from 
the west abutment of tbe old Smith's bridge or Shin- 
gle Bridge, (so called,) and running southerly to a 
point. October 8, 1798, after notice and mature con- 
sideration the report and accompanying plat were 
received and established and the streets thereon delin- 
eated accepted as public streets or highways. 

Subsequent references are made to this plat and lay 
out, but in lapse of time it appears to have been for- 
gotten until May, 1835, when the City Treasurer, who 
had been instructed " to lease a lot of land belonging 
to the city south of Smith street adjoining the Canal 
Basin," submitted the facts in relation to the lay out 
for a water street of the land above described and also 
in relation to other land adjoining the same, new claims 
to which, more particularly those arising from what may 
be designated as " Proprietors* rights," having in 
the meanwhile been made. This report was referred to 
a special committee of the city council, but no action 
seems to have been taken. Tbe report, containing a 
resume of the facts in relation to the land south of 
Smith street, and now occupied by the railroad com- 
panies, may be found in the city council files of May 
18, 1835. 

We are informed by the present city engineer that 

some years since he submitted to the executive of the 




: ,^ -rn THE NOn.rH SIO£ 



SURVEYtD k PLATTED for the TOWN of PROVIDENCE, 
26 9 l?98 BY DAN'L. ANTHONY. 




1/9 BOUND 



16 

city a statement sLowing encroachments upon the city's 
title to this land, and that the matter being referred to 
the city solicitor he was of the opinion that the title 
of the city had not been divested. The clerk of the 
commission after diligent search has been unable to 
find either the statement of the city engineer or the 
opinion of the city solicitor. 

It is not within the province of the undersigned to 
raise questions of title. We have not, however, been 
able to find any vote rescinding the order establishing 
the lay out of the above named highway, nor any 
recorded abandonment of this highway. It would 
appear that the building above described as fronting 
on Smith street, stands partly upon this land laid out 
as a "water street'* or highway. 

The accompanying diagram will more clearly illus- 
trate the relative situation of this highway and its 
courses. 

" Sixths The quantity of unoccupied land belonging to or in 
the possession of the city filled into tide water or flowed by tide 
water above Weybosset bridge." 

The area of the cove promenade is 7^^^^^ acres or 
320,150 square feet. 

The area of the cove basin is 29 -^^-^ acres or 1,275,- 
916 square feet. 

The area of filled land west of Gaspee street is 20i\ 
acres or 888,624 square feet. 

The area of land unfilled and flowed, west of Gas- 
pee street is -^^ of an acre or 39,204 square feet. 



16 

The area of land between Weybosset bridge and 
the cove (exclusive of that covered by the bridge on 
which are laid the rails of the Providence and Wor- 
cester Railroad,) is I^q acres or 71,231 square feet. 

THE UNION RAILROAD COMPANY's DEPOT. 

Though not coming strictly within either of the fore- 
going inquiries, the commissioners have deemed proper 
to refer to the depot of the Union Railroad Company 
built upon lands flowed by tide water north of Wey- 
bosset bridge. The authority for the erection of this 
building was derived from a resolution passed by the 
general assembly March 15, 1867, and from resolutions 
of the city council approved May 20, 1867. 

The resolution of the general assembly is as follows : 

Resolution" authorizing the construction of Horse Railroad 
Depot on the north side of Weybo3set Bridge. 

Upon the petition of the Union Horse Railroad Company 
and the Providence, Pawtucket and Central Falls Railroad 
Company, praying, for reasons therein stated, for permission 
to erect a depot building on the public waters next north of 
Weybosset bridge in Providence. 

Voted and Resolved, That the prayer of said petition be and 
is hereby granted, and that the said corporations are hereby 
authorized to erect over said waters, a depot building not ex* 
ceeding sixty feet front on said bridge, and fronting on Canal 
street not exceeding sixty feet, and to continue said building 
upon said location for the term of fifteen years, and to have 
the right to remove said building from said location at the 
expiration of said term. 



17 

The resolution of the city council is as follows : 

Resolved^ That permission is hereby granted to the Union 
Railroad Company and the Providence, Pawtucket and Cen- 
tral Falls Railroad Company, to erect a building to be used for 
railroad purposes only, over the water above Weybosset bridge, 
south of Washington bridge, and between Canal street and the 
track of the Providence and Worcester Railroad, upon the fol- 
lowing conditions, viz.: 

Said building shall be erected under the advice and direction 
of the Standing Committee on Railroads and in accordance 
with plans and specifications to be approved by said committee, 
before commencing work, and a copy of said plans shall be 
deposited in the office of the city clerk. 

iSaid building shall not in any part thereof be more than one 
story in height and shall contain public urinals and water 
closets and shall not be altered in any of its arrangements 
without the consent of the city council. 

The permission hereby granted shall be for the term of 
twelve years : provided, however, that if the city council shall 
after ten yeai's, vote to use the same for highway or city pur- 
poses, said railroad companies shall remove said building within 
ninety days after official notice of such vote ; and provided, 
also, that said companies shall have the right to remove said 
building, whenever this authority shall expire. 

The city shall liave the right to alter, repair or change either 
of the bridges or any portion of either of them adjoining said 
building without consulting said railroad companies or paying 
damages to them for so doing. 

The acceptance of this permission by said companies shall 
be required and to all the conditions therein." 

Though the building hereinbefore named was erected 
in due course of time and still remains, no notice of the 
acceptance of the foregoing permission has been given 
to the city, nor, as the commissioners are informed, does 

3 



18 

any vote of acceptance appear on the records of the 
company. 

As a matter of interest in this connection, reference 
may be made to the opinion of the then city solicitor, 
submitted to the city council March 26, 1867, upon 
the question whether "in his opinion any of the rights 
of the city to the land covered by tide water, or to 
any land reclaimed from said waters by filling the 
same, are imperilled by the action of the general assem- 
bly," referring to the foregoing grant. The opinion is 
in document No. 38, city documents 1866-67. 

RELEASE OF THE COVE LAIfDS 

The general assembly at the January session, 1870, 
passed a resolution (see page 175 of the record) 
instructing the general treasurer to execute a convey- 
ance to the city of Providence, of all the right, title 
and interest of the state in and to the cove lands, (so 
called), conditioned on the payment of the sum of two 
hundred thousand dollars in a satisfactory bond pay- 
able in five years, without interest. 

The bond was executed, the sum named has been 
paid, and the long controverted question between the 
city and state as to the title to the cove lands, has 
been forever set at rest. 

In conclusion, the commissioners desire to state that 
while great care has been exercised to obtain from all 



19 

sources original documents and papers relating to the 
subject matter of their inquiry there maybe omissions 
owing to the manner in which former records were 
kept and indexed and papers preserved.. They have 
referred to the fact that important papers and plats 
cannot be found. It is possible that some matters of 
record have been overlooked. It would not, therefore, 
be unreasonable where the authority cannot readily be 
found on record, that in case of doubt the party claim- 
ing to act thereunder should be required to produce 
such authority. 

THOMAS A. DOYLE, 
NELSON W. ALDRICH, 
JOSEPH J. COOKE, 
WILLIAM BINNEY. 



CITY OF PROVIDENCE. 



-♦♦♦- 



COVE LANDS. 



COPIES FROM OFFICIAL RECORDS OF THE CITY AND STATE 
RELATING TO THE LOCATIONS OF THE SEVERAL RAIL- 
ROADS AND TO THE OCCUPATION OF LANDS COVERED 
BY TIDE WATER ABOVE WEYBOSSET BRIDGE. 



PROVIDENCE : 

ANQELL, BURLINGAME & CO., PRINTERS. 
1876. 



INDEX. 



Providence and Worcester Railroad Co. 

Page. 

Extract from Charter authorizing lay out of road 163 

Locations filed in Court of Common Pleas, Providence Co., (with plats) 

176-178 
Reports of Committee of the City Council, on application for use of 

portions of the Cove for depot 1, 4| fi 

Opinion of C. F. Tillinghast on powers and liability of the City in 

making the proposed j^rant 8 

Resolutions granting the right and privilege of establishing a depot, 

car-houses, work-shop, etc, (with plat ) 8-13 

Critical survey of surface of the mud in the Cove (with plat) 13,15 

Change in line of passage way for the water from the cove, authorized. . .14-16 

Conveyance of portion of work-house lot 16 

Inquiry and reports on the question whether the P. & W. R. R. Co., 

are constructing the improvements in the cove in accordance with 

the specifications .... 15-35 

Explanations by Railroad Company 35 

Report of Committee on foregoing , 37 

Resolutions protesting against departures from specifications 38 

Communication from R. R. Co., submitting plans of passenger and 

merchandise depots, aud report thereon 38-39 

Erection of depots authorized and plans approved (with plat) 40 

Work ordered on Exchange Place and Canal Street 40-41 

Petition for laying rails below Weybosset bridge, with reports 41, 42-44 

Authority given to lay rails on west side of river 45 

Act of the general assembly authorizing laying of rails along the 

public highways and wharves 174 

Surveyor of highways to finish crescent around the cove 42 

Examination of work executed by railroad company 45-68 

Laying rails south of merchandise depot 68-70 



IV INDEX. 

Page. 

Settlement of differences between railroad company and the city 70-73 

Railroad company released from all claims etc., on payment of $10,000 — 73 

Elliptical wall around the cove ( -with plat ) 73 

Committee on erection of dam authorized to remove portion of bridge. . . .74 
Petition to lay rails on either side of the river below Weybosset bridge. . .74 

Reports on the foregoing, and avithority granted 74-83 

Committee to oppose passage of act authorizing location of a portion 

of railroad 83, 86, 89 

Claim of railroad company to triangle north of intersection of Ex- 
change Place and Washington Street 85 

Report on the foregoing, and committee of inquiry appointed 86-88 

Permission to run locomotives through streets of the city . . . 89 

Inquiry into authority for laying rails across space proposed for a 

market house 89 

Inquiry as to whether buildings are used for other than railroad purposes. .90 
Permission granted to lay track from Canal St. to passenger depot to 

accommodate cars of P. W. & B. R. R Co 90 

Report of unlawful buildings erected ( viz; ice depot and horse shed ) 91 

Extension and addition to engine house authorized 91 

Request for permission to erect boiler house and to place two boilers 

therein, also for ice depots 92 

Boiler house and boilers authorized .93 

Tax ordered on railroad company for use of streets ( vetoed ) 93 

Mayor's message relative to closing of certain gangways and use of 

platform scales by company 94 

Permission granted to extend track on South Water street 95 



New York, Providence and Boston Railroad Co. 
Extracts from charter and amendments thereto authorizing lay out of 

road 165-168 

Location filed in court of common pleas ( with plat ) 179 

Petition to the city council for assent to construction of railroad and 

filling portion of the cove ( with plat) 99 

Resolutions granting the same , 97 

Acceptance of grant 102 

Petition for permission to erect freight and passenger depot on land 

filled by Prov. and Worcester R.R. Co ,101, 104 

Reports on foregoing lOi 105 

Permission granted to erect freight and passenger depot on land east 

of Cove street, and north of continuation of Washington street 106 

( Note. The foregoing grant forfeited, see pages 85 and 86. ) 



INDEX. V 

Page. 

Authority granted to erect car bouse ( with plat ) 103, 104 

Plan and location of engine house approved 106 

Authority granted to erect freight depot and repair shop 107 

Petition for permission to erect a wooden building south west of 

freight house 107 

Boston and Providence Kailroad Corporation. 
Authorized by general assembly to receive from Providence & Wor- 
cester R. R. Co., certain conveyance of railroad, lands, buildings 

etc., 169 

Permission granted to erebt addition to engine house 108 

Permission granted to enlarge car house 108 

Hartford, Providence and Fishkill Railroad Co. 
Authority given by general assembly for location and construction of 

railroad 170 

Location filed in clerk's office, court of common pleas ( with plats) 179 

Petition for consent of city council to construction of road, filling 

lands and exchange of bonds 112, 116, 119 

Resolutions consenting to construction of railroad, filling land, etc., 109 

Communication from railroad company declining to accept the fore- 
going with proposed forms of resolutions 119-129 

Report on the foregoing 129 

Resolutions re-enacting and amending the resolutions making the 

original grant 132 

Acceptance of the foregoing 134 

Committee to confer with railroad company relative to alterations 

from original plan of cove improvements 134, 135, 136, 137, 1.38 

Report on altering location of wall 135 

Railroad Company released from building certain walls 135 

Railroad Company released from building wall on payment of money. 136, 137 

Committee to accept remaining portion of wall 137 

Report on release of company and receipt of $4,250.15 for portion of 

wall 137 

Modification of contract for filling authorized 138 

Inquiry whether work of railroad company is in conformity with contract . 138 

Portion of filling accepted and company released 139 

Erection of passenger car house permitted 139 

Plan of building for merchandise depot approved 140 

Committee in reference to erection of freight depot 140 

Laying rails in Dorranco street 140-152, 154 



VI INDEX. 

Page. 
Inquiry whether railroad company have complied with conditions of 

contract 141 

Report on unlawful building erected . . . .91 

Authority granted to locate and construct an engine house. 154 

Certificate that railroad company have complied with terms of 

ordinance relative to laying rails in certain streets 164 

Pkovidence and Springfield Railroad Co. 

Extract from charter authorizing location and construction of railroad 170 

Petitions of railroad company for permission to lay track over land 

of the city 156, 169 

Report of commissioners of the cove lands on the foregoing 167 

Resolutions assenting to location of railroad , 168-162 

Miscellaneous. 

Employment of laborers to fill marshy land adjoining Cove Park 

authorized 141 

Extracts from acts of the general assembly relative to harbor and 

public waters of the town of Providence 171-174 

Act requiring retaining wall to be built 171 

Penalty for unlawfully erecting wharf or building upon Cove or 
other public waters above Weybosset bridge outside of high 
watermark 172 

Authority granted to board of aldermen relative to erection of 

wharves, streets etc., across Cove 173 

City not required to keep in repair streets permitted to be built, until 

received and declared by board of aldermen to be public highways 173 

City Council authorized to grant to railroad companies right and privi- 
leges of establishing a depot, etc., on land covered by public 
water above Weybosset bridge ■, ...,173 

Rights of the state reserved. 174 

City Council authorized to grant the right to lay rails upon and over 

the public lands and waters 174 

Release of the Cove lands by the state to the city 175 



o r IMS 



FROM THE RECORDS OF THE CITY COUNCIL OF THE CITY OF 
PROVIDENCE, RELATIVE TO THE PROVIDENCE AND WORCES- 
TER RAILROAD COMPANY. 



[Book 2— page 271.] 

To THE Honorable City Council of the City of 
Providence. 

The undersif/ned joint committee appointed June 21, 1845, 
lo consider th(, application of the Providence and Worcester 
Raib-oad Company for authority to use a certain portion of 
the Cove for ;i depot respectfully report, 

That after examining the Cove and several plans for the 
accommodaticn of Railroad Depots, they have selected that of 
which they herewith present a diagram, as best combining the 
advantages of preserving the beauty and utility of the Cove, 
of procuring open land near the centre of the city for the use 
of the public and of affording convenient locations for the de- 
pots for such railroads as are expected to terminate at this 
city. 

The plan selected proposes that the part of the Cove below 
the state prison shall be made into a basin of an elliptical 
form, the shortest diameter of which will be about 1 180 feet. 
Around the basin from the state prison (easterly) to a point 
near Sabin street is lo lun a street next the water 80 feet 
wide, Tlie westerly segment of the ellipse it is not at present 
proposed to complete and when completed a large jwrtion of 



it must consist of bridges to permit the water to pass freely. 
Canal and Cove streets are to be made 80 feet in width and 
between these streets and the street before mentioned the rail- 
road tracks are to occupy a width of forty feet ard the spaces 
marked on the diagrams for depots are to be covered with 
buildings for such purposes. The land west of the Moshas- 
suck river is to be used as a site for cai' houses, work shops &c. 

It- might be desirable to make the basin larger, but that can 
be done only by reducing the width of the streets, which con- 
sidering the crowded state of the central parts of the city, the 
committee do not recommend; the committee are also desirous 
that mud should be taken from the cove for a portion of the 
filling, but to Avhat extent the railroad company should be re- 
quired so to fill they are not prepared to decide. 

Your committee recommend the adoption of the general fea- 
tures of the plan presented, but they are not fully prepared to 
enter into all the details of the arrangements to be made be- 
tween the city council and the railroad company. They sug- 
gest as equitable that the railroad company should build the 
streets with the necessary culverts and bridges from the state 
prison to the point near Sabin street marked on the plan 
with a sufficient wall ca|)ped with granite as high as the wall 
now standing opposite Steeple street. 

The bridges should be 80 feet wide and the bridge over the 
main river south of the railroad track should be at least of that 
width. The streets should be well covered with gravel 
and the bridges finished in as good style as the city bridges 
now standing in their vicinity. After the work is finished the 
city should keep the streets and all of the bridges excepting 
one in repair, except where the railroad tracks pass. All the 
land not occupied for railroad purposes should be public high- 
ways or grounds, and if hereafter any part used for railroad 
purposes shall cease to be so used it should be kept open for 
the u.^e of the public. 

The railroad tracks should have a strong fence on each side 
with gates where streets cross, which gates should be so con- 
structed as to close the track at all times excepting when 



trains are about to arrive or dei^art and to close the streets at 
such times. The railroad company ought to be required to 
observe such regulations for the safety of persons passing 
across or near the tracks as the Board of Aldermen may from 
time to time prescribe. 

It is considered proper that the Providence and Worcester 
railroad company shall have the privilege of demanding from 
any other railroad company who may use or cross with a rail- 
road, the land filled in westerly of Exchange street, a reasona- 
ble compensation for filling said land and build the wall op- 
posite. 

As the completion of the necessary arrangements must be a 
work requiring much care and accuracy your committee re- 
commend the passage of the following resolutions as prepara- 
tory to more detailed legislation. 

All of which is respectfully submitted, 

Thomas M. Burgess, ) 
M. Watson, ; 

George B. Peck, 
Wm. S. Pattex, 
Moses B. Lockwood, 
Edward S. Williams, 
Daxiel E. Carpenter, 
Duty Greene, 

Read, Whereupon it is resolved that the same be received 

[Passed January 12, 184G.] 

Resolved, that the rej)ort of the committee appointed to 
consider the application of the Providence and Worcester rail- 
road company for authority to use a portion of the cove for a de- 
pot, be and the same is hereby accepted, and that the general out- 
liaes of the proposed plan and the suggestions of conditions in said 
report are approved. 

Resolved, That said report is hereby referred to the Mayor 
and alderman Watson and to Messrs. Williams, Patten, Peck, 



V Committee, 



Carpenter, Pnborlie and Fairbanks, of the Common Council, to ad. 
just the details of said plan and conditions with the Providence 
and Worcester railroad company and to rejjort such resoluiions 
for carrying the same into effect as it is lawful and expedi ent for 
the city council to pass. 

[Passed January 12, 1846.] 

To THE Honorable City Council of the City of 
Providence. 

The undersigned joint committee to whom the report of a 
former committee upon an application of the Providence and 
Worcester railroad company for authority to use a portion of 
the cove for a depot was on the 12th inst. referred, respect- 
fully report : 

That they have attended to the duties of their appointment 
and herewith present a plat of the proposed alterations and 
improvements, together with a specification of the work to be 
done. 

The agreement upon the part of the railroad company is, 
that they are to finish the whole of the walls, embankments, 
bridges &c., exhibited on the plat, with the necessary culverts 
&c., whether mentioned in the specifications or not, within 
two years after the plan is adopted. It is contemplated that 
the bond to be given by the lailroad company shall state more 
in detail the work to be performed than does this report or 
the accompanying specifications. 

The committee have not been able to make an agreement 
with the railroad company as to the removal of the mud from 
the cove and they respectfully refer that subject to the city 
council. 

The committee are unanimously of opinion that the re- 
moval of at least one foot in depth on an average of mud 
should form a part of the proposed improvements, but there 
was some difference of opinion as to who should bear that ex- 
pense. 

The ofiicers of the railroad company insist that the expendi- 
ture that they will have to make without removing any mud 





will be as large as either their estimates for depots or the ad- 
vantages they wilJ obtain, Avarrant. One foot of mud on an 
average depth wW be about 50,000 cubic yards, for which the 
railroad company will be willing to allow the cost of earth, 
which they estimate at 12 cents per yard; what will be the 
expense of removal cannot accurately be estimated as very 
little of such woik has ever been done in this vicinity, but 
from the information your committee can obtain, they think it 
would cost at least, 30 cents per yard. If therefore the mud 
is ever to be removed the opportunity when the railroad' com- 
pany are making their embankments seems to be the most 
favorable. 

Your committee herewith present an approximate estimate 
of the expense of the work to be done by the railroad com- 
pany which including the removal of one foot of mud from 
the surface of the cove amounts to 95,530 dollars, but the en- 
gineers of the railroad company estimate that it will cost at 
least 95,000 dollars without the removal of any mud. 

The committee recommend that provision for the removal 
of one foot of mud be made, even if it be necessary that a part 
of the expense be paid from the city treasiuy. 

The committee present a draft of resolutions to be passed 
by the city council for the purpose of giving to the railroad 
company the needful authority. Further action as to the lay- 
ing out of the streets will be required to be had by the board 
of aldermen. 

Which is respectfully submitted by, 

Thomas M. Burgess, "^ 

M. Watson, 

George B. Peck, 

Wm. Pabodie, }■ Conunittee. 

W. W. Fairbanks, 

Daniel E. Carpenter, 

Wm. S. Patten, 

Read, whereupon it is resolved that the same be received. 

[Passed Jauuary 29, 184(5.] 



6 

Resolved, That the reports this day made to the City Councli 
by the joint committee to whom on the 12th of January instant, 
was referred the report of a former committee upon an application 
of the Providence and Worcester raiU'oad company for authority 
to use a portion of the Cove for a depot, togetlier with the docu- 
ments accompanying the same, and also the memorials of Zacha- 
riah Allen and others and of Richmond Bullock and others be re- 
ferred to the next meeting of the City council ; and that, in the 
mean time, the same be printed in the newspapers employed to do 
the city piinting; and that the city clerk be and here is hereby di- 
rected to cause two hundred copies thereof to be printed in pam- 
phlet form, together with two hundred copies of each of the plats 
accompanying said reports, for the use of the city council. 

[Passed January 29, 1846.] 

Book 2— page 278. 

Resolved, That the reports made to the City Council on the 
29th day of January last, by the committee to whom was referred 
the report of a former committee on an application of the Provi- 
dence and Worcester railroad company, with the drafts of resolu- 
tions and specifications accompanying the same, be referred to the 
same committee, for a revision and amendment of said drafts, and 
for further report ; and that said couimittee make report at the 
next meeting of the city council. 

Resolved, That the memorials of Stephen Harris and others 
and Zachariah Allen and others, this day presented to the city 
council, with the plats accompanying the same, and the other plats 
and plans this day presented, be I'eferred to said committee, to ex- 
amine and report thereon. 

Res(»lved, That said committee be authorized to employ legal 
counsel to assist and advise them in filling and preparing the speci- 
fications between the said railroad company and the city, and the 
form of the bond from said company to the city. 

[Passed February 13, 1846.] 

To THE Honorable City Council of the City of 
Providence. 

The committee to whom was referred, on the 13th instant, 
the plats and papers rehxting to the jjroposed depot for the 



Providence and Worcester railroad comi)any, respectfully re- 
port: 

That they have not entered into a detailed examination of 
any of the plats presented by citizens, though some of them 
especially that presented by Mr. Allen might be considered 
with great advantage, if the council were disposed to make 
appropriations from the city treasury for carrying the plans 
for improvements into effect. If the council are disposed to 
adopt either of the designs alluded to, it should be referred to a 
proper committee to mature the plan and the arrangements for 
its execution. 

In the plan which has already received the favorable con- 
sideration of the council (being that previously reported by this 
committee,) your committee have made the change of cuttinor 
irom the depot locations near Cove street, the small projections 
and giving in lieu thereof to the railroad company by resolu- 
tion the control over a space, of the width of the projectiong 
cut off and extending the length of the depot buildings. Some 
alterations have been made in the lettering to conform to the 
resolutions. 

Your committee present in a printed form the revised reso- 
lutions and specifications, also a letter from Charles F. Tlllinor- 
hast, Esq., upon the question of liability of the city. The ex- 
act form of bond cannot well be prepared until after the action 
of the city council, but Mr. Tllllnghast suggests that it must 
be in the ordinary form, with condition to perform all the req- 
uisitions of the resolutions and specifications finally adopted 
and agreed to. 

Your committee after considering all the circumstances, rec- 
ommend that the third resolution be not passed, as it seems to 
be the exercise of a doubtful po\ver. 

Which is respectfully submitted, 

THOMAS M. BUEGESS, 

for the committee. 
Providence, February 17, 1846. 

Bead, whereupon it is resolved that the same be received. 

[Passed February 17, 1846.] 



8 

Thomas M. Burgess, Esq., Mayor of the City of Provi- 
dence. 

Dear Sir : — I have given to the questions which you pro- 
posed to me, in relation to the contract between the city and the 
Providence and Worcester Raih'oad Company, such considera- 
tion as I could, in the short time allowed. 

As the power of the city council in relation to the proposed 
grant is wholly derived from the act of the general assembly 
passed at the May session, 1845, they become merely the 
agents or trustees, through whom the state makes the grant, 
invested with some discretionary powers, yet without any right 
of property in, or original power over the subject of the 
grant, and while they confine themselves to the execution 
of the delegated power, they will not subject themselves or 
the city to any liability for damages sustained by individ- 
uals. Nor will the propose, d resolutions so far as they 
are confined to the power granted by the General Assembly be 
construed to guarantee any title to the Railroad Company, ex- 
cept that the city will be estopped from making any claim here- 
after adversely to the title of the Railroad Company. 

But, it appears to me that the resolutions so far as they au- 
morize the construction of wharves, causeways and other con- 
veniences by th2 railroad company, further than may be neces- 
sary to contain the buildings and accommodations required for 
a depot for said company, exceed the power given by the act 
before mentioned ; and although the company who accept the 
grant with the full knowledge of the limited powers under 
which the council act, may have no right to claim indemnity 
from the city, for any expenses or damages to which they may 
be subjected, yet it would be advisable to add to the resolution 
an express denial of any right on the part of the company to 
resort to the city for their indemnity. 

Respectl'ully yours, 

Charles R Tillinghast. 
February 17, 1846. 

Resolutions granting to the Providence and Worcester Rail- 
road Company the right and privilege of establishing a depot 



9 

upon a portion of the land covered bj the public waters above 
Wej'bosset bridge, in the city of Providence, passed this seven- 
teenth day of February, a. d» 1816. 

1. Resolved, That the report made on the 29th January last, 
by the committee to whom was referred, on the 12th of January 
last, the subject of the application of the Providence and Worcester 
Raih'oad Company, for authority to use a certain portion of the 
Cove, for a depot (together with the report of a former committee, 
upon said application) be and the same is hereby accepted, together 
Avith a supplementary report from said committee, presented on the 
17th of February, and the accompanying plat on which is delineated 
the proposed streets, bridges, railways, depots and improvements ; 
and that the city clerk be, and he is hereby, directed to cause said 
plat to be recorded in his office. 

2. Resolved, That by virtue of the authority vested in the 
city council by the laws of this state, and especially by the pro- 
visions of an act enacted by the general assenbly at their May ses- 
sion A. D. 1845^ entitled "An act in addition to an Act entitled an 
Act relative to the harbor and public waters of the town of Provi- 
dence," this city council, deeming it for the public good, do hereby 
grant to the Providence and Worcester Railroad Company, the right 
and privilege of building the walls, causeways, streets, embankments 
and bridges described upon said plat, extending easterly from the 
l^oiut marked " B " near the state prison wharf, and around said 
Cove to the point marked " A," and of erecting upon land filled in 
the canal basin, and westerly therefrom towards the state prison 
caihouses and workshops ; and upon the locations marked upon said 
plat, for such purposes, the buildings necessary for a depot, to ac- 
commodate passengers and for the receipt and delivery of merchan- 
dise ; the plans of such buildings to be specially approved by the 
city council, before the same shall be constructed; and this right 
and privilege is hereby granted on condition, that before said Rail- 
road Company shall commence said work, they shall dej^osit with 
the city treasurer, their bond to the city, for the sum of 100 000 
dollars, with condition that said company shall complete all of the im- 
provements delineated upon said plat and described in the reports of 
said committee and the specification this day approved by the city 
council within two years after the passage of these resolutions ; and 
that said railroad company shall not extend its railroad in this city 
westerly of iho point " A " as marked on said plat; which said boud 



10 

sball contain specific descriptions of the work to be done, and sbali 
be apjii'oved by tbe mayor and aldermen, before it sball be received 
by tbe city treasurer ; and if said railroad company sball not de- 
Iposit said bond and commence said work before tbe first day of July 
next, these resolutions sball become null and void, and no authority 
be derived therefrom ; and provided, also, that neither the Provi- 
dence and Worcester railroad company, nor any person or corpora- 
tion claiming by, through or under them, shall acquire any right, 
title or interest whatever in any land below the present high w^ater 
mark, which thej' shall fill up under the authority given by these 
resolutions, excepting the right of using, for railway purposes, the 
portions marked on said plat as designed for railways and depots, in- 
cluding the right to control by its police all carriages, vehicles and 
animals, standing or passing within a space of thirty feet south of 
the depot location in front of Cove street, and marked upon said plat 
and of using, for car houses aud workshops, the land filled in tbe 
canal basin, and between that basin and the state prison ; and if, at 
any future time, any portion of said land, filled under the authority 
berebj' granted, shall cease to be used for railway purposes, all en- 
cumbrances shall be removed therefrom, and such land shall remain 
for public uses forever. 

3. Resolved, That nothing in the preceding resolutions, sball 
be construed, so as to prevent the board of aldermen, or other con- 
stituted authorities from laying out such public highways as may be 
wanted for the public convenience across the land authorized to be 
filled, or the railroad tracks laid down upon tbe same ; but such pub- 
lic highways may at all times be lawfully laid out, without paying 
any damages for crossing said tracks or the land so filled ; neither 
sball anything in said resolutions be construed to imply that the city 
of Providence or this city council agree to warrant or defend any 
title to the land authorized to bs filled ; but the privileges hereby 
granted to the Providence and Worcester railroad company, are 
granted under the authority given by the general assembly, and are 
not intended to authorize said company to take possession of private 
property in any other way than is by law provided. 

4. Resolved, As a condition of tbe preceding grant, that the 
board of aldermen of this city shall have a right to regulate the 
speed, at which locomotives may pass on the Providence and Wor^ 
cester railroad, through the compact part of the city, and across any 
public highway. 



11 

5. Resolved, That the plat mentioned in the first of these reso- 
lutions, be identified by a certificate to be signed by the clerk of the 
common council and by the clerk of the board of aldermen, before 
the same shall be recorded . 

[Passed February 17, 1846.] 

Resolved, That the following specifications be adopted by the 
city council, as the basis of the agreement between said council and 
the Providence and Worcester railroad company, for improving said 
Cove and accommodating said railroad company with ground for a 
depot ; all of which specifications have reference to the plat which 
the city clerk has this day been directed to record. 

1. Are^ and Excavations. The basin shall be as upon said plat an ellipse 
varying from a width of about 1300 feet to one of about 1180 feet with an 
opening about 50 feet wide ; to pass the Moshassuck River into said ellipse, 
and one about 150 feet wide to pass the water from said ellipse towards 
Washington Bridge. The channel for the Moshasshuck River shall be exca- 
vated to a depth of one foot and six inches below low water mark, and that 

. from the ellipse to Washington Bridge, to the depth which the channel be- 
tween that bridge and Weybosset Bridge averages where said channel is 150 
feet wide ; and both of said channels shall have a covering of small broken 
stone at least six inches thick. The whole area of the ellipse, as described 
upon said plat, shall be excavated so that the bottom shall be left upon an 
average one foot below what it now is, and as nearly as may be, upon an uni- 
form level. 

2. Walls. The margin of the basin on the line A, C, D, B, shall be formed 
(excepting where the before named openings occur) by a substantial stone 
wall of such thickness, (at least equal to any part of the wall now standing 
on Cove and Canal streets) as an examination of the bottom shall show to be 
adequate to sustain the filling. 

The walls on the sides of the passage to pass the Moshassuck River Into the 
basin, shall be of increased strength, sufficient to make them perfectly strong ; 
those' on the sides of the passage toward Washington Bridge, shall be 
equal to the walls at Weybosset Bridge ; all of these walls shall be laid upon 
brush or such other foundations as may insure stability ; which foundations 
shall be at least six inches below the lowest tide water marks throughout, 
growing gradually deeper for 100 feet on each side of the openings, in which 
the foundations shall be in that leading from Moshassuck River, two feet, 
and that leading towards Washington Bridge, to the depth of the channel of 

said opening. 

Said walls shall be of the height of Canal street opposite Steeple street, 
unless otherwise directed by the street commissioners, and capped with 

granite. 

All the materials belonging to the city, in the walls around the cove except 
in the canal basin, may be used by the railroad company, in the improve- 
ments. 

The wall on the westerly side of the canal basin shall be fully equal to that 
on Canal street in every particular, and about 50 feet therefrom. 



12 

3. Culverts, Reservoirs &c. Culverts shall be constructed from near the 
point A and D, to the water near Washington Bridge, as nearly as may be 
upon the outside lines of Cove and Canal streets as they now are. 

The bottom of said Culverts shall be at low water mark, and shall have a 
stone pavement with a priming stone of at least 15 inches in width, as often 
as once in twenty feet, to protect from the action of the water under the 
pavement. The culverts shall be at least three and a half feet wide, and live 
feet high from low water mark. 

The top shall be covered with flat stones of suitable strength to sustain the 
filling above them, and so fitted as to prevent the earth from falling into the 
culvert. 

There shall be at least ten openings (more if the surveyor of highways shall 
direct) over the culverts, 3 feet by 2, covered with iron gratings of strength 
for loaded teams to pass without breaking them, through which water may 
run, and which may be opened to clear the culverts. 

Three reservoirs shall be constructed on Cove and three on Canal street, of 
such dimensions, and in such locations as the surveyor of highways shall di- 
rect. 

The bottom of each shall be two feet below the bottom of the culverts it 
connects with. The sides shall be built of good stone work ; the top covered 
with chestnut timber to support the filling, with an opening 3 feet 6 inches 
square, covered with a moveable grating of chestnut timber, so that the de- 
posits can be taken out. 

The fire wells now existing on Cove and Canal streets, shall be connected 
with the Cove by culverts ; and other wells or arrangements shall be made 
for water, satisfactory to the firewards. 

4. Embankments. Next to all the walls shall be deposited shells, pebbles 
or some other materials that are suitable to prevent the escape of the sanp 
and mud used in filling. 

The whole area bounded by the margin from A to B, and the present high 
water mark, shall be filled in with mud and earth to a level of about eight 
feet above ordinary high water mark, excepting that so much as is added to 
Cove and Canal streets,and as is included in the 80 feet avenue next the water, 
shall be graded and smoothly graveled, to the satisfaction of the street com- 
missioners, who shall fix the height of aU walls opposite to said streets at the 
point to which the grades of such streets run. 

6. Bridges. There shall be two bridges constructed across the channels, at 
the points C and E equal in material and finish to Washington bridge, and 
one at D equal to Randall's Bridge ; all of which bridges shall be 80 feet 
wide. The railroad company, if required by the board of aldermen, shall 
also erect and maintain three bridges for foot i^assengers to pass to and from 
t'ae promenade, above their rail tracks, of such dimensions and patterns, and 
at such places as the board of aldermen may direct. 

6. Fences. The railroad company shall erect from the bridge at E. to Wash- 
ington bridge, substantial fences, which shall be similar to those now running 
from Washington to Weybosset bridge, and said company shall erect and 
maintain a fence upon the line between the land used for railroad purposes 
and the 80 feet street next the Cove, and also so much fence enclosing 
the rail track as the board of aldermen shall direct ; the pattern and color 
of all fences to be approved of by the board of aldermen, before the same are 
erected. And wherever a highway may cross the rail tracks, the railroad 
company shall erect and maintain uch gates, under such regulations, as the 



13 

board of aldermen shall from time to time deem needful to secure the safety 
of the citizens. 

7. It is understood, that all of the work needful to he performed in order 
to construct and to complete the walls, causeways, streets, lands, embank- 
ments, and bridges represented on the plat, is to be done by the railroad 
company, in a Avorkmanlike and substantial manner, to the satisfaction of 
the board of aldermen, whether mentioned in the foregoing speciiications or 
not ; and the railroad company, shall forever maintain and keep in repair 
that portion of the same which comes within the line set apart to said com- 
pany for railroad puposes ; and shall also repair any breach in the walls, 
or bridges, and fill up any space that may settle in the remaining part, and 
which may happen within one year from the time the works shall be com- 
pleted. 

[Passed February 17, 1846.] 

Book 2— page 327. 

Resolved, That the surveyor of highways be directed under 
the advice of the standing committee on city property to cause a 
critical survey to be made of the present surface of the mud in the 
Cove within the circle proposed to be left open in conformity with 
the plat adopted by the city council, and make report thereof at the 
next meeting of this council. 

Resolved. That the surveyor of highways be charged with the 
examination of the work now being performed around the Cove in 
conformity with tlie speciiications heretofore adopted by the city 
council. 

[Passed July 13, 1846.] 

To THE HONOEABLE THE CiTY COUNCIL: 

The undersigned, in compliance with a resolution of the 
City Council passed July 13, 1846, presents the accompanying 
plat as the result of the survey made in pursuance of said res- 
olution. 

H. G. MuMFORD, Surveyor of Highways. 

Providence, August 10, 1846. 

Book 2— page 329. 

Resolved, That the report this day made to the city council by 
the surveyor of highways, relative to a survey made by him of the 
mud in the cove, by order of the city council, together with the plat 
of said survey accompanying said report, be received; and that the 
same be referred to the standing committee on city property' ; who 



14 

are hereby directed to confer with the Providence and Worcester 
raihoad company, in relation to the subject. 

[Passed August 10, 1846.] 

Book 2— page 336. 

A communication from the Mayor respecting the work now 
doing by the Providence and Worcester railroad company in 
the cove. 

Read, Whereupon it is 

Resolved, That the same be referred to Messrs. Watson and 
Knowles of the board of aldermen and Messrs. Patten, Lockwood and 
Smith of the common council to examine and report thereon. 

[Passed October 2, 1846.] 

City or Providence, 
Mayor's Office, Oct. 2, 1846. 
Gentlemen of the City Council : 

I have been obliged to ask you to assemble this evening in 
consequence of an error of the Engineers of the Providence 
and Worcester Railroad Companj^ The piles which they are 
now driving in the neighborhood of the Fish Market, are 
about twenty feet northeasterly of the line indicated upon the 
recorded plat. The effect of the mistake is to diminish the 
triangular piece of ground which was to remain open for the 
use of the public, north of the Fish Market. 

By examining the plat, you will be able to judge whether 
the public convenience requires that the Railroad Company 
should be at the expense of driving a new line of piles. I am 
inclined to recommend that the plan be modified so as to meet 
the views of the Railroad Company ; but neither the Surveyor 
of Highways nor myself thought that so material a deviation 
from the original jilan could be proceeded with, without a ref- 
erence of the subject to your honorable body. 

I susfgest that arrancrements be made for the removal of the 
Fish Market to a temporary location, in order to permit the 
Railroad Company to complete the whole length of the wall. 

Thos. M. Burgess, Mayor. 



15 

Eesolved, That the Providence and Worcester raiJroad company 
be permitted to continue the northerly line of the passage way for 
the water from the cove, as it is by the piles now driven ; except 
two hundred feet on the easterly end ; which is to be curved to 
meet the corner of Cove and Canal streets as now laid down on the 
plat ; provided, that the merchandise depot to be erected near Steeple 
street be carried back northerly, so as to make the distance between 
it and the northerly line of said passage way, as wide as it is now rep- 
resented on the plat on record ; and provided also that the south 
wall of said passage way, shall be not less than one hundred and 
fifty feet from said north wall, and that the position of the ellipse 
shall not be changed. 

[Passed October 2, 1846.] 

Book 2— page 339. 

The undersigned committee to whom was referred the ac- 
companying papers and plat of a survey of the mud in the cove 
have given their attention to the subject and have conf(3rred 
with the Providence and Worcester railroad company. Said 
company have had a survey made by a surveyor employed 
by them, and the two surveys have been examined and com- 
pared by your committee and the difference found to be so 
trifling, that the said railroad company have agreed to accept 
the survey made by order of the city council. 

Samuel Gladding, ] 

Bradford Hodges, >- Committee. 

Allen G. Matheavson, ) 
Proa'idence, November 9, 1846. 

<5 Read, Whereupon it is resolved that the same be received 

and adopted. 

[Passed November 9, 1840.] 

Book 2— page 339. 

Resolved, That Messrs, Williams, Smith and Mathewson of the 
common council and alderman Hodges be appointed a committee to 
enquire whether the Providence and Worcester railroad company 
are constructing the improvements in the cove in accordance with 



16 

the specifications adopted by the city council, and also, whether the 
plat adopted by the city council is, or is not correct, and if incorrect, 
how, and by whom the error has been made, and make report at the 
next meeting of the city council. 

[Passed November 9, 1846.] 

Book 2— page 342. " Work House Lot." 

Resolved, That the city treasurer be and he is hereby author- 
ized and directed, as the special agent of the city, to make and ex- 
ecute to the Providence and Worcester railroad company a deed con- 
veying to said company, their successors and assigns, a certain piece 
of land, being a part of the Work House Lot (so called) bounded 
and described as follows : to wit, beginning at the original corner 
of Smith and Back streets being the south west corner of the land 
to be so conveyed thence eastwardly along line of Smith street, forty- 
one feet, to the point where said line intersects the front top angle 
of the bank wall erected by said company; thence turning and run- 
ning northerly, along the front top angle of said wall, one hundred 
and fourteen feet and six inches, to the point where said line inter- 
sects the east line of said Back street ; thence southerly, along the 
east line of said Back street, one hundred and seven feet, more or 
less, to the place of beginning ; whenever said Providence and 
Worcester railroad company shall pay to him, for the use of the city, 
the sum of one thousand five hundred dollars ; and whenever said 
company shall have finished in a proper manner, the wall upon the 
whole line of said piece of land, and shall have filled in the rear of 
said wall as high as the present surface of the remainder of said 
piece of land. 

[Passed December 14, 1846.] 

To THE City Council of the City op Providence : 

The undersigned, your committee appointed on the 9th of 
November last, to " inquire vrhether the Providence and Wor- 
cester Railroad Company are constructing the improvements 
in the Cove, in accordance with the specifications adopted by the 
City Council, and also whether the plat adopted by the City 
Council is or is not correct, and if incorrect, how. and by 
whom the error has been made," respectfully report: 



17 

That as soon after their appointment as the lowest sprini; 
tides offered the best opportmiity for observation of the works, 
they visited the ground and made such superficial examination 
of the work as circumstances would admit. From this exam- 
ination, it was manifest that the railroad company had materi- 
ally departed fi-om the specifications in several important par- 
ticulars ; the most important is in the ioundations of the sev- 
eral walls. . 

In order to obtain such information as would enable the 
committee to present to you specific results, the Surveyor of 
Highways, who is by resolution of the City Council, " charged 
with the examination of the work," was requested to furnish 
information upon the several points referred to in the commu- 
nication to him, a copy of which is herewith presented. 

The Surveyor of Highways instituted a thorough examina- 
tion of the subjects of inquiry, and has reported the result of 
his investigations, with his previous observation of the work, 
to the committee. His report and profile of the walls accora- 
panyingsthe same, is herewith presented. The profile exhibits 
the relative position of the foundations of the walls at every 
fifty feet. 

From the observations and result of the several inquiries of 
the committee, it appears that about nine hundred feet of the 
wall of the " elliptic basin" between its commencement at the 
northeast corner of the State Prison wharf, to its junction with 
the passage to Canal basin, has its foundation on an average of 
twenty-two inches above the specifications, varying from noth- 
ing to three feet above the same. About one hundred and 
fifty feet of this section of the elliptic wall is down to its proper 
depth. 

That the foundations of about four hundred and eighty feet 
of the elliptic wall, comprising all that part of the same which 
is between the passage to Canal basin and the passage to Wash- 
ington bridge, averages two feet one inch higher than the 
specifications require, varying from one foot four inches to 
three feet above the specifications. . 

That about seven hundred feet of the elliptic wall which is 



IS 

laid against Cove street, and wliich now lias no embankment, 
has its foundation on an average ten inches liigher than is re- 
quired by the specifications, varying above the same from three 
inches to risino; three feet. 

That the foundations of the wails of both sides of" so much of 
the passage to Canal basin as is in the direction of Canal street 
average about two and one half feet above the specifications, 
varying from two feet to three feet four inches from the same. 
The committee understand that the foundations of so much of 
tlie walls in this passage as runs nearly parallel with Canal 
street are down below the specifications, and that it was not 
practicable, without much difiiculty, to ascertain their true 
depth. 

That so much of the walls as are laid on the sides of the 
passage to Washington bridge being laid on the heads of piles 
driven into the mud, with so much of the piles having no 
wall, as is prepared to receive a wall, average about three feet 
eight inches above the specifications, varying from about three 
to four fieet. •*■ 

The floor of the culverts along Canal street (being all that 
is now paved^ is down to average low water mark, which is^ 
believed to be as low as was originally contemplated ; but the 
bottom is undulating, the pavement bad, deficient in priming, 
the w;dl of a considerable portion not constructed in a work- 
manlike manner, and some of the covering unsatisfactory. 

The walls of the elliptic basin, average over six feet at the 
base and four feet at the top as they now are, and are probably 
about, or over one and one-half feet of greater thickness than 
the best part of the walls on Cove and Canal streets, and a 
very large portion built of good materials and constructed in a 
substantial manner. Other portions are not satisfactory. 

The walls on the iiortli side of the passage to Washington 
bridge, being all that is yet constructed for that passage, av- 
erage about eight feet at the base, and seven feet at the top. 
This is believed to be over two feet of greater thickness than 
the abutments of Weybosset bridge, to which the specifica- 
tions refer. 



19 

The walls on the sides of the passage to Canal basin, thoujxh 
of some less thickness, are of <roocl materials, well put too-ether 
and ai-e believed to be equal, if not superior to the abutments 
of Weybosset bridge. 

The materials are very good and put together in a very 
substantial, workmanlike manner. 

The reservoirs are constructed in. a manner satisfactory to 
the Surveyor of Highways, and the fire wells are understood bv 
the committee to have been constructed to the satisfaction of 
the Board of Firawards, so far as the same have proo-ressed. 

The specifications require that " next to all the walls shall 
be deposited, shells, pebbles or some other materials that are 
suitable to prevent the escape of the sand' and mud used in 
filling." The materials deposited against the walls are gene- 
rally such as have ordinarily been brought from the excava- 
tions, being at some places sand, some places gravel, and at 
other places a mixture of each. 

The Committee find a deviation from the plat, in the passage 
to Canal basin, but consider it an improvement upon the orig- 
inal plan. 

The walls of the elliptic basin near the Pi'ison wharf, are 
laid on a curve that commences about twenty-seven feet farther 
from the northeast corner of the wharf, than the plat adopted 
by the City Council delineated, with reference to that point. 

By a reference to a request of one of the committee upon 
the subject of the errors in that plat, it will be seen that this 
part of the Prison wharf is delineated on that plat as being 
forty-three feet farther in the Cove, than its true position. 

It contemplated to have the line of the elliptic wall sweep at 
the distance of five feet from this corner of the wharf, being 
ninety-eight feet from the line of the Prison yard. No accurate 
survey has been instituted by the committee as to the distance 
from the same line of the Prison yard, which the curve of the 
elliptic wall that has been laid would give, if continued to the 
front of the wall; but from the best' information they have 
obtained, it would be about eighty-three feet. In that case the 
relative position of the wall that is now constructed with, the 



20 

shore on the noi+h side of the cove, near the State Prison, is 
not so iar from that shore nor so far mto the cove by fifteen 
feet, as the plat on record exhibits for its line ; therefore the 
railroad company lose the use of a quantity of land to the 
amount of such difference in the distance from the shore be- 
tween the two lines. 

The committee, desirous of being possessed of the fullest 
information on the subject committed to them before making 
their report, to have any errors of their examination corrected, 
if any existed, and also to give the railroad company an oppor- 
tunity to offer such explanations for their departure from the 
specifications as they thought advisable, invited an interview 
witli the railroad company, which was had with them on the 
evening of the eleventh. The President of the compan}^ and 
several gentlemen connected with its operations, met the com- 
mittee. 

In respect to the foundations on the sides of the passage to 
Washington bridge, the President stated that on examinin<j 
the bottom of the cove, they find that there is generally a 
firm crust of firom three to four feet in thickness, and below 
that it is much softer ; that they did not think it safe to exca- 
vate for the foundations, that it would break up the crust, 
which would operate like the breaking of one portion of ice, 
the unbroken portion being weakened by the operation. That 
they considered piles to form a much sater foundation than an 
excavation would afford. That the two Jront rows of piles are 
driven with an inclination from a perpendicular towards the 
embankment, which, from the weight of the wall on their tops 
will operate bracingly, and prevent them from moving from 
the embankment. That they have an additional security from 
one end of a stick of timber used for piles being bolted with 
three of the piles standing successively behind the front |>ile, 
and the other end to a pile driven about 25 feet in the j'ear. 
That they are intended to be thus strengthened about once in 
12 or 13 feet. That the cost of piling is $2,500. 

From the report of the Surveyor of Highways, it appears 
that underneath about 100 feet of the wall that is erected, 
these ties liave been applied, being 12 in number. 



21 

Tlie committee find that tlie tops of tlie piles are elevated at 
some places between one and two feet above the mud, and they 
do not discover anything to prevent the embankment from 
washing out from behind the walls- 

For the foundation of the walls of the elliptic basin no explan- 
ation was offered. The engineer states that he was directed 
by the committee to lay the brush for the foundation on to the 
surface of the mud, for what reason he did not know. 

The walls of the passage to Canal basin, they think, are in 
their foundations fully two feet below ordinary low watermark. 

Those walls have, since the interview, been reexamined, and 
the Surveyor of Highways reports that the first examination is 
correct. 

The President of the railroad company expressed surprise as 
to the condition of the culvert on Canal street, and assured the 
committee that such parts as were not properly done should 
be constructed right. In regard to embankincr against the 
walls, he stated that the agent employed to look after the con- 
tractors was directed to see that gravel was selected to deposit 
" next the walls," and the assistant engineer was also directed 
to see to it whenever he had an opportunity. These gentle- 
men confirm ihe orders, and think that with the exception of 
only a few places, the order has been complied with. 

The report of the Surveyor of Highways upon this subject, 
is based upon his own observation of the progress of the 
work, and by recently digging behind the walls at distances of 
one hundred feet from each other. 

The railroad company consider that the extra thickness of 
the walls, is an equivalent in its eflfects in keeping the earth 
from washing through the wall, to either shells or pebbles. 

On that branch of the subject referred to your committee, 
relating to an inquiry into the errors of the recorded plat, the 
chairman of the committee was directed to obtain an interview 
Avith the engineer of the railroad, and to pursue the inquiries 
in relation to the subject. He has made a detailed report to 
committee which is herewith presented. 

From this report it appears that the plat on record contains 



22 

several errors in detail, and also that it does not properly rep- 
I'esent the area of the Cove. 

The most important error in its detail is the representation of 
the State Prison wharf. At the north east corner of this wharf 
the improvements commence. The plat projects this corner 43 
feet too far into the Cove. 

That the position and shape of the Fish Market and direction 
of Steeple street are wrong. 

That the plat adopted by the city in its erroneous parts was 
copied from a plat presenting the plan which was approved by 
the City Council, January 12, 1846. That this plat was pre- 
sented to the committee which recommended its adoption by the 
railroad company, and was constructed in the engineer's office 
of the railroads. That this last named plat received its errors 
by being copied from a plat constructed by the railroad com- 
pany in 1845, and was the first plat presented to the city coun- 
cil with a jjlan of a depot in the Cove. That this original plat 
was made from a survey of Messrs. Atwater & Schubarth for 
the railroad company. 

The survey is correct, or in conformity with the survey 
recently made by the railroad company, and consequently the 
errors were made in drawing the plat. The question respect- 
ing the individual who drew the plat is a matter of dispute. 
Respectfully submitted, 

Edward S. Williams, 
Allen C. Mathews on, 
Bradford Hodges, 
Amos D Smith. 

[Received December 14, 1846.] 

Henry Cr. 31umford, Surveyor of Highways, charged hy reso- 
lution of (he City Council '•'-with the examination of the work 
now being perfofmed around the Cove ;" 

Sir : — The committee of the City Council, appointed to en- 
quire " whether the Providence and Worcester Railroad <7om- 
pany are constructing the improvements in the Cove in accord- 



23 

ance with the specifications adopted by the City Council ;" 
request information on the following points, 

1st. The relative height with the " the lowest tida water 
mark" of the foundation of the walls of the elliptic basin ; and 
also of the passage from the canal basin. 

2nd. The relative height with the lowest tide water mark, 
of the tops of the piles after being prepared for a foundation of 
the walls of the side of the passage above AVashington bridge, 
also their height above the bottom of the passage after the exca- 
vation of said passage is made in accordance with the specifica- 
tions. Also how often they are tied to piles in the rear. 

3d. The relative height, with mean low water mark, of the 
bottom of the culverts when paved, and of the same at the in- 
tended surface of the pavements, where they are not yet paved. 
Also the same with low water mark, at neap, and at flood tide. 
Also the depth of the fire wells below the several tides before 
mentioned. 

4th. Whether the pavement in such part of the culverts as 
have been paved, has been done in a substantial, workmanlike 
manner; whether the same is "primed" in accordance with the 
specifications, and if not, how far the priming has been done. 
Also, whether the walls of the culverts are laid in a substantial 
and workmanlike manner. 

5th. ArYhether " next to all the walls" are deposited " shells, 
pebbles, or some other material that are suitable to prevent the 
escape of the sand and mud used in filling." 

6th. Whether the reservoirs in Canal and Cove streets, are 
constructed in accordance with your directions. 

7th. The thickness, from your own knowledge, or as near 
as may be practicably ascertained, of the heaviest pan of the 
wall, which was on Cove and Canal streets. Also, of the abut- 
ment of Weybosset bridge. Also, the thickness of the several 
walls constructed by the Railroad, and whether they are con- 
structed in a substantial, workmanlike manner. 

Where measurements are required to obtain the information 
sought, you are requested to have them taken at as many points 



24 

as may be necessary to give the committee a fair view of the 
condition of the work, in reference to the specifications. 
Respectfully yours, 

Edward S. Williams, Chairman. 
Providence, Nov. 21st, 1846. 

Edxoard S. Williams^ Usq., C/iairmatt of the Committee of the 
City Council, ap2iomted to enquire '' whether the Providence 
and Worcester Railroad Company^ are constructing the im- 
provements ifi the Cove, in accordance vjith the specifications 
adopted hy the City Council^ 

Sir : — I have made such examinations, as were suggested 
by your communications to me of the 2 1st of Nov., and will now 
answer your enquiries in the order in which, ihey occur, as defi- 
nitely as the circumshances of the case will allow. 

The first enquiry is " the relative height with ' the lowest 
tide water mark' of the foundation of the walls of the elliptic 
basin and also of the passage from the canal basin." 

In reply I would refer you r,o the accompanying profiles, 
which exhibit the relative heig-ht with " the lowest tide water 
mark" of the base or foundations of these walls. 

" Lowest tide water mark" as indicated on these profiles by a 
red line is 1 j^q^q ^^^^ below the average of low water for Octo- 
ber last, and 12^^^^ feet lower than the upper surface of the floor 
of R. Waterman's store at the corner of Cove and Exchano-e 
streets. Accordino- to this "line of lowest tide water" there 
is about 900 feet of elliptic wall between the prison and the 
passage from the canal basm, having its base or foundation on 
an average 16 inches above lowest tide water, or 22 inches 
higher than the specifications require. 

Also about 480 lineal feet ao-ainst Canal street, the base of 
which is about 25 inches higher on an average than was in- 
tended by the specifications. 

Also about 700 feet aganist Cove street which averages about 
10 inches higher than was required by the specifications. 

The pro61es also show that the base of the walls on the pas- 
sages from the cunal basin are on an average about 2-|- feet 



20 

above the line indicated by the specification, being 6 inches 
above " lowest low water mark." 

Your second enquiry is for " the relative height with 'the 
lowest tide water mark,' of the tops of the piles after being pre-* 
pared for a foundation of the walls of the sides of the passage 
above Washington bridge, also their height above the bottom 
of the passage, after the excavation of said passage is made in 
accordance with the specifications. Also how often these piles 
are tied to others in the rear."* 

In reply I would again refer to the profiles from which it 
appears that the tops of said piles are on an average 1 foot 
above " lowest low water mark," or 3 feet 8 inches above the 
bottom of the channel when depi-essed according to specification. 

These piles are strengthened for a distance of about 100 feet 
on the lower part of the east wall by 12 ties.- 

In your third enquiry, you ask for the relative height with 
" mean low water mark" of the bottom of the culverts where 
paved, also the same with " low water mark at neap, and at 
flood tides. Also the depth of the fire wells below these several 
tides." 

The paved bottom of the Culvert along Canal street, (the 
only one yet paved) is down to average low water mark, being 
I^Oq^^ feet above Spring or lowest tide water, and about 6.50 
feet below flood or spring tides. 

The levels of the fire wells on Canal street with reference 
to these tides are as follows, designating them by Numbers 
1, 2 and 3, as they occur from the fish market up. 



Bottom level Bottom level Bottom level 
No. of Fire Well. below lowest below flood below average 
tide water mark. | tide water mark. 1 low water mark. 


1. 
2. 
3. 


4.10 
4.17 
3.67 


11.60 
11.67 
11.17 


5.15 
5.22 
4.72 



Fourth enquiry, " whether the pavement in such part of the 
culverts as have been paved, has been done in a substantial and 
workmanlike manner, whether the same is primed in accord- 
ance with the specifications, and if not, how far the priming 
4 



26 

has been done. Also, whether the walls of the culverts are 
laid m a substantial and workmanlike manner." 

To this I answer that the paving of the culverts thus far has 
ijot been done in a substantial and workmanlike manner. 

It abounds in inequalities which materially lessen its firmness 
to resist the action of the current passing over it. It is not 
laid in a bed of sand or other suitable material, but in the mud 
so that in many places it gives under the pressure of the foot, 
and as a general thing a man ca^* work a shovel down through 
it with ease, nor is it primed according to specification. 

How far the priming has been done is diflScult to ascertain, 
since much of the .culvert has been covered over, but on a 
close inspection of 100 feet where the covering had not been 
put on not one priming stone was found. 

It cannot be said -that the walls of these culverts are laid in 
a substantial and workmanlike manner. 

Their po-<ition in the middle of streets over which the 
heaviest teaming of the city must pass, requires that they 
should rest on a solid foundation, that they should have a good 
bond, and that they should be carried up with an even face, in 
all of which points they are deficient. 

Fifth. Whether " next to all the walls" are deposited shells, 
pebbles, or some other material that are suitable to prevent the 
escape of the sand and mud used in filling." 

I am compelled to say that this item of the specification has 
not been sufficiently regarded. It is a matter of observation 
known to all who take the trouble to look, that sand is the chiet 
material deposited against the back of the various walls now 
built, and in places too, where the water from 12 to 18 inches 
in depth, ebbs and flows under the bottom of the walls, with 
no other obstruction to its action against this deposit of sand, 
than the heads of the piles on which the wall rests. 

Sixth. ''Whether the reservoirs on Cove and Canal streets 
are constructed in accordance with your directions," 
I answer that they are so constructed. 

Seventh. " The thickness from vour own knowledo-e, or as 
near as can be practically ascertained, of the heaviest part of 
the wall which was on Cove and Canal streets ; also of the 



'27 

abutments of Weybosset bridge ; also the thickness of the sev- 
eral walls constructed by the Railroad Company, and whether 
they are constructed in a substantial and workmanlike manner." 

In reply to this I would say that the heaviest part of the wall 
on Cove and Canal street is about 3 feet thick at the heio^ht of 
the coping on the culverts. 

These walls were built some twenty years since, and from 
their stability were evidently put together in a substantial and 
workmanlike manner. 

The abutments of Weybosset bridge were built at different 
periods and of diiferent dimensions. The most recent built 
parts are the heaviest, and from recollection they are about five 
feet thick. 

The channel walls built by the Railroad Co. are at their 
present height about seven feet thick at top and eight feet at 
bottom ; those from the canal basin vary however from these 
dimensions in places between bridges sonae eighteen inches 
under. 

Average thickness of walls on the ellipse is about four feet 
at top and six feet at bottom, subjact however to consider- 
able variation. 

Average thickness of new culvert wall along Canal street is 
about 3| feet. 

It may be said of some portions of these walls that they are 
built of good stock, and are put together in a substantial and 
workmanlike manner. 

There are other parts, however, in the elliptic wall, especially 
against Canal street, also towards the west end of that aorainst 
Cove street, of a very inferior character, both as respects the 
stock and the manner of putting it together. 

The stones are too much broken up, and the deficiency of 
headers extending through from front to rear, has caused the 
wall in some places where it has settled, to spread at the ton, 
leaving an opening lengthways of the wall near its centre. 
Very respectfully, 

H, G. MUMFORD, 

Surveyor of Highways. 
[December, 18iG.] 



28 

To the Committee charged with the examination of the improve- 
ments hi the Cove, and of the alleged errors in the recorded 
plat. 

In accordance with your Instructions to obtain an interview 
with the Engineer of the Providence and Worcester Raih'oad, 
and ascertain respecting the errors alleged to exist in the plat 
adopted by the City Council, and their origin if any existed, I 
have made those inquiries and herewith submit the result. 

The Engineer pointed out several errors, which they found 
after making a plat from their new'survey. 

The area of the Cove is greater than is represented on the 
recorded plat. 

The delineation of the State Prison wharf, and also of the 
fish market is wrong. The direction of Steeple street is laid 
down wrong. 

I should not have attached sufficient importance to the errors 
of the fish market and of Steeple street to enquire into the mat- 
ter, because they have no bearing upon the lines of the contem- 
plated improvements, were it not that it has been alleged that 
they were the cause of misleading the Railroad Company in lay- 
ing out the walls of the passage to Washington bridge. They 
are undoubtedly, especially the fish market, gross errors, but 
they are put down merely to show their location and with other 
things to elucidate the intended improvements with respect to 
their convenience or value, and ought to have no more effect 
in governing the lines of the improvements ,than the position of 
a street or building in Olneyville should aflfect them, had the 
plat been sufficiently extended to embrace that section of the city. 

The plat on record, so far as it represents the margin of the 
Cove, State Prison yai-d, Fish market, Cove, Canal, Exchange 
and Steeple streets, comprising all of that part which embrace 
the before mentioned errors, is a faithful copy of the plat which 
was adopted by the City Council as the basis of accommodations 
and improvements, Jan. 12, 1816. The last mentioned plat 
was copied from a plat drawn by the Railroad Company, in the 
spring of 1845, and wliich contained their first project for a 
depot, and was submitted for the action of the City Council. 



29 

It contemplated an island in the Cove of from five to seven acres, 
with several bridges to reach the island. The margin of the 
Cove, State Prison and Fish market, were supposed to have 
been drawn from a survey made by Messrs. Atwater & Schu- 
barth, for the Railroad Co. early in 1845. I have made dili- 
gent search and inquiry for that plat, but have been unable to 
find it. 

The Engineer of the railroad politely furnished the field notes 
of the survey from which the plat was attempted to be drawn 
which is marked A. From those notes I caused a plat to be 
made marked B. The angles and measurement of the base 
lines, and also the position of the prison wharf I have carefully 
examined, and find them to be in accordance with those notes. 

On this plat B, I have measured the distances from the north 
east corner of the prison wharf, marked on the plat A, to the sev- 
eral points across the Gore marked B. C. D. E., which points 
embrace nearly the whole area containing the improvements. 

The point B is the west line of Canal street at the lower end 
of the locks of Canal basin. Point C is the junction of Washino-- 
ton bridge with Canal street. Point D is the angle formed by 
the turn in the south westerly part of Cove street. Point E 
is the north westerly corner of the wharf at the lumber yard. 
On a comparison of the distance of those points on the railroad 
plat from their recent survey, it was found that three of those 
lines have a greater length by five feet each, than the other. 

The following is the result of that comparison of the two plats: 
On this plat from A to B is 1279 feet ; on Railroad plat, 1274 ft. 
On this plat from A to C is 1776 feet ; on Railroad plat, 1779 ft. 
On this plat from A to D is 1619 feet : on Railroad plat, 1614 ft. 
On this plat from A to E is 1296 feet; on Railroad plat, 1291 ft. 

From this it will be perceived that to the point C there is a 
variation between the two plats of the opposite character from 
that of the other lines. This may bo attributed to an error in 
either one or the other of the plats in drawing the margin from 
the base lines, as no such variation could exist in the drawinop 
of the base lines of a survey, without varying the entire struct- 
ure of the plat. 



30 

The railroad plat was found on examination of the same by 
the Engineer, to have shrunken since it was drawn by an equiv- 
alent of 1 foot in 300. 

This is about the difference in the measurement of the above 
lines on the two plats (A and C excepted) and is a fair com- 
pensation for the disagreement. So close an agreement in the 
plats of two surveys, drawn by different sets of instruments is 
sufficient to establish that both surveys are correct, and such 
correctness may safely be assumed, and no further survey need 
be ordered. 

On a comparison of the measurements of the plats on record, 
with the true distance as ascertained by the plat herein as- 
sumed to be correct, first correcting the north easr, corner of 
the prison wharf to its true position, the following is the result : 
True distance from A to B, 1279 feet ; Recorded plat is 1258 ft. 
True distance from A to C, 1776 feet ; Recorded plat is 1765 ft. 
True distance from A to D, 1619 feet; Recorded plat is 1596 ft. 
True distance from A to E, 1296 feet ; Recorded plat is 1274 ft. 

From this it appears that the plat on record is too small by 
an equivalent of 21 feet between A and B ; of 11 feet to C; of 
23 feet to D ; and of 22 feet to E. A small part of the dimin- 
ished size may be accounted for by the shrinkage of the paper 
in pasting cloth on the back of the recorded plat. On a com- 
parison with three other plats copied from the same original or 
from the first original with the recorded plat, and which appear 
to be alike in dimensions, the following is the result, measuring 
from the north east corner of prison wharf wall as located on 
those plats. 

To point B, 1234 feet ; Recorded plat is 1233 feet. 

To C, 1727 feet ; Recorded plat is 1722 feet. 

To D, 1558 feet ; Recorded plat is 1553 feet. 

To E, 1240 feet ; Recorded plat is 1236 feet. 

From which it appears, that the shrinkage of the recorded 
plat from that cause is from prison wharf to B equivalent to 1 
foot, to C 5 feet, to D 5 feet, to E 4 feet, leaving an average of 
more than an equivalent to 15 feet unaccounted foi\ The original 
plat, the father of the recorded plat, is in so mutilated a condition 



31 

that no comparison can be instituted that will present reliable 
results, but from the perfect agreement of the children one with 
the other, nc doubt but they are all of them faithful copies of 
either the first or second original. The Engineer of the railroad 
is of opinion that the discrepancy of the plat from the surveys, 
may have been caused by copies having been made one after 
another, on fresh sheets which after having shrunk from sea- 
soning, giving birth to another copy on a fresh sheet, and so on 
until the diminished plat on record was made. This may ac- 
count for part of the difference, but from the best examination 
I have been able to give the subject, I can hardly conceive that 
the whole of the error can be attributed to that cause, as it ap- 
pears that the process has been repeated but twice in arriving 
at the recorded plat. It is most probable that the greater part 
of the error was caused in projecting the first original. The 
copies of the first original and of the second copy agree. The 
error in locating the State Prison wharf on the plat is gross, 
and if intended for a correct representation of the subject is un- 
accountable. There was no fault in the survey and the notes 
were without obscurity. The delineation was most probably 
carelessly made and without reference to the notes. The same 
remarks in all their bearings may equally apply to the repre- 
sentation of the Fish Market on the recorded plat. 

On the paper marked C, is drawn the prison yard and wharf, 
also the Fish Market on an enlarged scale, viz. 25 feet to the 
inch, from the field notes. And also the same subjects on the 
same enlarged scale as they are represented on the recorded 
plat. From this it will be at once perceived that the true po- 
sition of the wharf wall is 50 feet from the front line of the 
yard of the keeper's house and runs parallel therewith. The 
recorded plat gives the north east corner of the wharf wall at 
93 feet from the aforesaid line, thus projecting that corner 43 
feet further into the Cove than the true position. This is the 
important point and where correctness is of paramount import- 
ance, because the improvements start from this point. The 
error is undoubtedly in tlie location of the wharf rather than 
the location of the prison yard. The south west corner of tlie 



32 

prison yard was the principal station in the surveys, and its 
position as laid down on the recorded plat very nearly conforms 
to the delineation of the shore on the easterly side of the prison 
to the canal basin. The south west end of the wharf is 68 feet 
from the line of the yard, being 18 feet too far into tlie Cove. 

The Fish market, it will be perceived, is laid down on the 
recorded plat very unlike the true size and form of that valu- 
able public building, and also the position as delineated, from 
the field notes. The recorded plat lays down the fish market 
45 feet wide at one end, 44 feet at the other, and 72 feet long 
on each side. 

The true size is about 25 feet wide, 66 feet long on the side 
next to Canal street, and 75 feet on the opposite side. It will 
also be seen that the position with reference to the line of 
Canal street and Washington bridge materially varies. 

With regard to the error alleged as to the delineation of 
Steeple street, I have had no means of examiniQg into, but by a 
comparison of the plat in the engineer's office of the raih'oad 
company, with the plat on record. From this comparison it 
appears that the position of the street atits junction with Canal 
street is laid now nearly correct, but that the direction of the 
street varies about five degrees from the true direction. 

The railroad was not in possession of any survey of that, or 
of any of the streets, when they constructed the original plat. 
It was most probably put down from some plat of the streets, 
and the direction of the street drawn at right angles with Canal 
street, without any further thought upon the subject, it being a 
matter of very little importance. 

Other streets are drawn incorrectly, and the same remarks 
that are applied to Steeple street will apply to them. 

The origin of the errors is to be traced to the first plat of 
the Cove made by the railroad company with their plan of a 
depot on an island, and which was informally presented to the 
City Council for their action. The island had an area of from 
five to seven acres. Several other plans were afterwards sub- 
mitted to the committee having charge of the subject, by the 
railroad company. 



I 



■ . 83 

They were copied from this original plat by the railroad com- 
pany in everything (excepting the lines designating the im- 
provements,) by laying the paper on which the new plat was 
to be made underneath the plat, and piercing through it with a 
needle on the several lines into the sheet underneath. 

In this way an almostfac simile is produced, and every error 
introduced into the original is propagated to the offspring. 

One of the plans thus made and submitted to- the committee 
by the railroad company, is the plan which was recommended 
by the committee and adopted by the City Council, January 
12, 1846, by the following resolution. 

Resolved, That the report of the committee appointed to con- 
sider the application of the Providence and Worcester Railroad Com- 
pany, for authority to use a portion of the Cove for a depot., be and 
the same is hereby accepted, and that the general outlines of the 
proposed ^]an and suggestions of conditions in said report, are ap- 
proved. 

The next resolution refers the matter to a new committee, 
" to adjust the details of said plan and conditions, with the 
Providence and Worcester Eailroad Company, and to report 
such resolution for carrying the same into effect, as is lawful 
and expedient for the City Council to pass." 

The committee thus charged with the subject, agreed upon 
some modifications of the plan, viz. : making the passage to 
Washington bridge 150 feet wide instead of 200 feet, and two 
bridges across the same, of 80 feet wide each, instead of one 
bridge of about 300 feet. 

The passage to Canal basin, 50 feet wide instead of 30 feet, 
and the improvements in the Canal basin, which was not con- 
templated in the plan approved by above resolution. Messrs. 
Atwater and Schubarth were employed to make a plat with 
the modifications agreed upon, with the improvements embel- 
lished, and alterations under the supervision of the agent of the 
railroad company. This plat having come from the railroad 
company, constructed in their engineer department, where it is 
not unreasonable to suppose that productions of this nature 
would be constructed with scrupulous exactness, no suspicion 
was entertained that any material errors existed in it, therefore 



34 

it immediately underwent the same process of copying which 
its predecessors had undergone. Under such circumstances, 
no blame can attach to the committee for not revising the plat 
thus produced, before they ordered a further copy. 

Thus the errors of the first original, with their deformities 
were propagated to the plat now on record. 

That the errors are gross, palpable, of easy detection, is true ; 
but the confidence naturally inspired in the source from which 
they come, and the attention of hands being exclusively ab- 
sorbed to the contemplated improvements, all else escaped 
scrutiny. 

In regard to that part of the enquiry " by whom the errors 
have been made," I am unable to arrive at the exact truth. 
It is yet a matter of dispute between individuals. The railroad 
company are, however, the responsible party, as by whatever 
individual the errors have been made, they were in their employ. 

It is unfortunate that any person in their eagerness to adver- 
tise their business, should attach their names to so much blun- 
der. 

Respectfully submitted, 

Edward S. Williams. 

Book 2— page 3i3, 

The report of the committee appointed on the 9th of November 
last " to enquire whether the Providence and Worcester railroad are 
constructing the improvements in the cove in accordance with the 
specifications adopted by thewcity council and also whether the plat 
adopted by the city council is, or is not correct and. if incorrect, liow 
and by whom the error was made." 

Read, Whereupon it is resolved that the same be received. 

[Passed December 14, 1840.] 
Book 2— page 345. 

Resoi^ved, That the report of the committee appointed on the 

9th of November last to enquire whether the Providence and 

Worcester railroad company are constructing the improvements in 

the cove in accordance with the specifications adopted by the city 

council, and also the communication of said railroad company upon 

the same subject be referred to Messrs. Hidden, Williams and Stimson 



35 

of the common council and the Mayor and alderman Hodges, who are 
instructed to enquire what measures if any may be necessary and 
proper to secure the public right and interest in the premises. 

[Passed January 11, 1817..] 

To THE City Council of the City of Providence: — 

The Providence and Worcester Kailroad Company, in 
answer to the report of your committee appointed on the ninth 
day of November last " tp enquire whether the Providence and 
Worcester Railroad Company are constructing the improve- 
ments in the Cove in accordance with the specifications adopted 
in the City Council, and also whether the plat adopted by the 
City Council is or is not correct, and if incorrect, how and by 
whom the error was made," beg leave respectfully to offer the 
following explanations : 

The subject first considered in the report of your committee 
is the foundation of the walls in the different parts of the basin 
and channels. 

The railroad company commenced laying the walls in the 
channel of the Mosshassuc by excavating some two feet (more 
or less) f<T the foundation. In the course of laying the walls, 
brush were laid across in the usual manner, as soon as the walls 
were built up to about a level with the surface of the mud. 

While the work was progressing, the best manner of laying 
brush foundation, was a subject of much enquiry ; facts were 
obtained from experienced men and information sought from 
men whose judgment could be relied on : and they were decid- 
edly ia favor of laying the brush on the surface ; so that 
wherever brush foundations were laid, after laying those in the 
Mosshassuc, they were laid on the surface ; and the firm man- 
ner in which the walls have stood,' gives the company great 
confidence that they have adopted the best method. 

Considering that the walls on the channel from Wasliino-ton ' 
bridge to the basin, are very heavy, and a part of them bridge 
abutments, the company thought it important that they should 
be built in the most permanent manner ; consequently they 
have driven piles, considering that to be the most permanent 
foundation where the bottom is sand or mud. 



36 

The report represents the " floor of the culvert along Canal 
street, as clown to an average low water mark, which is believed 
to be as low as originally contemplated, but the bottom is un- 
dulating, the pavement bad, deficient in priming, the walls of a 
considerable portion not constructed in a Avorkmanlike manner, 
and some of the covering unsatisfactory." The work on Canal 
street culvei^t has been put in the hands of an experienced man 
to examine and finish in conformity with the specifications ; 
and an experienced man has also been employed to pave the cul- 
vert on Cove street. 

The report of your committee next notices the walls, their 
dimensions, structure, &c., in reply to which it may suifice for 
the company to say, that the walls are generally built about 
one-third heavier than the specifications require ; and they may 
be justly said to be a much more permanent structure than 
those which the company were required to pattern after. 

The reservoirs and firewells are reported as satisfactory. 

The report quotes the specifications as follows : " next the 
walls shall be deposited shells, pebbles, or some other materials 
suitable to prevent the escape of sand and mud used in filling." 

With walls five to eight feet thick, and with such gravel as 
has been brought from the deep cut, deposited next to them, 
no danger may be apprehended that any of the filling will 
escape. The culvert wall on Canal street is not so thick as 
those above named : consequently the company are shelling the 
back of this wall. 

The company are gratified that your committee report favor- 
ably upon the deviation in the passage to Canal basin. It is 
undoubtedly an improvement and carries out the general plan 
of the work. 

To so much of the report as refers to errors in the plat, the 
company have no reply to make, more than to state that in 
locatino- the walls, they have endeavored to harmonize the dif- 
ferent points delineated on the plat, as nearly as they could. 
It was not a question with the company whether they would 



37 

fill more or less of the cove ; but rather a desire to adopt the 
best ascertained outline of the plat." 

Office of the Providence and Worcester Kailroad Company. 

January 11, 1847. 

John Barstow, President. 

Eead and received January 11, 1847. 

To THE Honorable City Council of the City of 
Providence : 

The Committee to whom on the 11th of January last, were 
referred the report of a former Committee upon the deviations 
of the Providence and Worcester Railroad Company from 
their contract made with the City Council, and also a commu- 
nication from the President of said Company in answer to said 
report, and who were instructed to enquire "what measures, if 
any, may be necessary and proper to secure the public i-ight 
and interest in the premises " have directed the undersigned to 
present the accompanying preamble and resolutions and to re- 
commend to the City Council the propriety and expediency of 
their passage. 

The Committee will, unless the Council shall otherwise direct- 
further consider the matters referred to them and if other action 
in the premises shall be deemed requisite and proper will make 
a further report. 

J. C. Hidden. 

Read, whereupon it is resolved that the same be received. 

[Passed March 8, 18i7.] 

Whereas in the opinion of this City Council, the Providence 
and Worcester Railroad Company have in the erection of 
the walls, culverts and embankments in the public 
waters of the City, (which were authorized by resolutions of 
the City Council, passed on the 17th day of February, A. D. 
1846^ departed materially from the specifications approved and 
adopted by said resolutions, without the consent of the City 
Council or other authority ; which departures are in the opin, 



38 

ion of this Council unlawful and which are most evidently mani- 
fest in the building of the walls, and the construction of the 
culverts, the former being built in some places nearly four feet 
above; the foundation named in said specifications. 

And whereas there is reason to fear that said departures from 
said specifications, may not only injure the appearance of the 
work, but may also entail upon the City Treasury, the burden 
of rebuilding' said walls and the highways adjacent thereto ; 

therefore : 

Resolved, That this City Council do solemnly protest agamst 
said departures from said specifications and against all other 
departures and variations from said specifications, without the 
consent of said council. 

Resolveb, That said Providence and Worcester Railroad 
Company be and they are hereby notified that they will be held 
liable for all consequences which may arise from their departures 
from the specifications originally approved and adopted by the 
resolutions of the City Council passed on. said 17th day of Feb- 
ruary, A. D., 1846, and herein before referred to. 

Resolved That the City Clerk be and he is hereby dn-ected 
to communicate a copy of these resolutions to the President and 
to the .Treasurer of said Providence and Worcester Railroad 

Company. 

[Read and passed, and it is resolved that the same be prmted 
in the newspapers employed to do the city printing.] 

[Passed March 8, 18i7.] 

Pkovidence, Feb. 8, 1847. 
To THE City Council of the City of PROvroENCE: 

The Providence and Worcester Railroad Company, in con- 
formity with the requirements of the resolutions passed by the 
City Council on the 17th day of February, 18-16, granting cer- 
tain riohts and privileges to the said Providence and Worcester 
Railroad Company, herewith submit plans of passenger and 
merchandise depots, which they propose to erect on lands filled 
in the Cove, and respectfully request your approval of the 

^^"''^' Providence and Worcester Railroad Company, 

by John Barstow, Prest. 



S9 



REPORT. 



The committee to whom was referred the request of the 
Providence and Worcester Railroad Company, for approval of 
their designs for passenger and merchandise depots, have exam- 
ined said designs with reference to their location, and find 
that the railroad company, if allowed to carry out their plans 
with their passenger depot, will occupy land belongino- to the 
city, commencing at the west end with five feet, and ending at 
the east with thirty-two feet in width, being of different widths 
at different points, as will be seen by plat herewith submitted. 

The whole number of square feet which the railroad com- 
pany propose to occupy for said building outside of the line 
originally granted to them, is 4,040. A part of said building 
will be thrown within said line, leaving open for the use of the 
public and the railroad company, a space containing 3,365 
square feet, and this amount the railroad company claim should 
be deducted from that to be occupied by them outside of the 
line, leaving a surplus only to be occupied by them of the city's 
land of 676 square feet. 

Your committee, however, deem the land left open, within 
their line, of little if any value to the city. 

If this plan is adopted, the width of Cove land from its south 
line to the front of their depot will be 120 feet. 

A new plan for a merchandise depot is also herewith sub- 
mitted, by which it will be seen that it differs from the plan be- 
fore submitted by the railroad company, and although the alter- 
ation is evidently an improvement in its appearance, and no 
doubt convenience, it at the same time will be seen that it will 
occupy about 14 by 58 more feet of ground towards Canal 
street, and covering over the line of said street 3J feet at one 
end ; thus leaving Canal street but 76i feet in width at that 
point. 

In considej'ation of these facts your committee refer back, the 
whole subject with plans to the council for their action. 

.Respectfully submitted, 

Sam'l Gladding, 

for the Conunittee. 

Providence, March 8,-1847. 



40 

Upon the communication from the Providence and Worces- 
ter Railroad Company, made to the City Council on the 8th 
day of February last, it is 

Resolved, That said Company be and they are hereby author- 
ized to erect their passenger and merchandise depots on the land, 
to be filled in by them in the cove above Weybosset bridge, ac- 
cording to the general plans and elevations accompanying said 
communication ; which plans and elevations are hereunto an- 
nexed ; being three in number.* Provided that said buildings 
shall be erected of materials satisfactory to the City Council, 
and provided also that the central projection of said mer- 
chandise depot shall not encroach upon Canal street ; the 
said Company havmg the privilege at their option either to re- 
duce said projection, or to place the entire building so far back, 
that said projection shall not encroach upon said street, but said 
street shall be left eighty feet wide. 

[Passed Marcli 8, 1847.] 

Whereas, the Agent of the Providence and Worcester Rail- 
road Company, has stated the said Company wish to build their 
depots of brick or stone, to cover the roofs with slate and to 
make the gutters of copper : 

Wherefore, Resolved that the materials above named, be and 
they are hereby approved by this Council ; provided the walls be 
faced with pressed brick or of rough hewn stone. 

[Passed Marcli 8, 1847.] 

Book 2— page 44fi. 

RiisoLVED, That the surveyor of highways be and he is here- 
by directed to cause the gutters on Exchange Place to be paved 
as soon as the proprietors of the estates shall furnish the curb- 
stones ; and that if any pi-oprietor shall omit to furnish said stones 
that the street commissioners be requested to make the needful 
orders. 

Resolved, That the Providence and Worcester Railroad Com- 
pany be and they are hereby requested to complete the grading 
and other work, which they are obligated to do on Exchange 
Place, so soon as may be practicable. 

[Passed June 5, 1848.] 

*Nos. 1, 2 and 3. Nos. 1 and 3 are not to be found in the files or records of the city 
conncil. 



\ 



41 

Book 2— page 447. 

Resolved, That the Providence and Worcester Railroad Com- 
pany be and they are hereSy requested to relay the pavements 
on Canal street and to cause the grading and other work on said 
street, whicli said Company are obligated to do, to be finished 
as soon as may be jDracticable. 

[Passed June 5, 1848.] 

Book 2— page 464. 
To THE HOI^ORABLE THE CiTY CoUNClL OF THE CiTY OP 

Providence, at their monthly meeting, to be held on Mon- 
day, July 10, 184:8. 

The petition of the Providence and Worcester Railroad Com- 
pany respectfully represents that said Company is desirous of 
running their rails below Weybosset bridge, along the wharves, 
on either side of the river to the southerly part of the city, under 
such regulations and restrictions as may be imposed by your 
honorable body and in pursuance of an Act passed at the late 
May session of the General Assembly. 

And in order to facilitate the construction of a work, so im- 
portant to the interests of the City of Providence, your 
petitioners beg leave to suggest that a committee be appointed 
from your honorable body, to direct the manner in which the 
rails shall be laid. The season for doing this work beinff far 
advanced your petitioners will deem it a particular favor to 
have the immediate action of your honorable body upon their 
request. 

Moses B, Ives, f Committee on behalf 
G. W. Hali.ett, « ofthe Providence and 
James Y. Smith, | Worcester Railroad 

l^ Company. 

Providence July 10, 1848. 

Read, Whereupon it is 

Resolved, That the same be received and referred to Messrs. 
Baker, Shepard, A. C Mathewsou, Walcott, Carpenter and Potter 
6 



42 

of the Common Council and the Mayor and Alderman Hoppin, 
to examine and report thereon. 

[Passed July 10, 1848.] 

Resola'ed, That the Surveyor of Highways be and he is 
hereby authorized to finish the Crescent around the Cove, in a 
similar style as that part between the bridges has been 
finished, and to plant trees thereon as fast as the season and the 
opportunities for obtaining suitable materials permit, said work 
to be done under the advice of the Mayor and Alderman Whit- 
aker, with Messrs P. M. Mathewson, Bush, Earle, Pratt, Car- 
penter and Gilmore, of the Common Council. 

[Passed July 17, 1848] 

To THE Honorable City Council of the City of 
Peovidence. 

The committee to whom was referred the petition of the 
Pi'ovidence and Worcester Railroad Company asking permis- 
sion to lay rails upon certain public streets, respectfully report : 

That they have examined the subject and are of opinion 
that rails can be laid on either side of the river, upon public 
streets, so as to connect the depots with the harbor, without 
interfering materially with the use of such streets by the 

public. 

The track upon the west side must pass across the river on 
piles, and continuing along the bridge built by the Providence 
Washington Insurance Company, will cross Market square 
and as nearly as the grade will permit keep the easterly line of 
West Water street to the Long Wharf Dock. Beyond that 
dock no line can be designated until the legal proceedings for 
opening Dyer street are brought to a close, unless the railroad 
company can arrange with the owners of the property. If a 
connection can be opened with Dyer street, your committee 
recommend granting permission to lay the rails on that street, 
if the owners of property upon it do not seriously object. 

On the east side, the track after crossing the open ground 



43 

below the freight depot, is projected to be laid obliquely along 
Canal street, passing near the corner of Canal street and Mar- 
ket sqnare, thence curving to the eastward upon Market 
. square and striking the west side of South Water street near 
the corner of Leonard street, and from thence keeping on the 
west side of South Warer street to its southerly extremity. 

It is believed that South Water street can be widened seven 
feet without paying any land damages, and it certainly would 
be more convenient both for the travel and the railroad to 
have it so widened. Your committee recommend that the 
Board of Aldermen be requested to institute the usual proceed- 
ings to increase the width of that street. 

The proceedings may require a month's delay, and it would 
seem proper that the owners of property on the streets where 
rails are to be laid, shall have an opportunity to present to the 
Council their views. But from what vour committee know of 
the views of such owners, they anticipate no objections. They 
have as yet heard of no objections except from owners of 
wharves near which vessels laying have been in the practice 
of projecting their bowsprits over South Water street. Though 
such projecting has not interfered with ordinary travel, it will 
interfere with the passage of railroad cars, and of course must 
be stopped after the rails are laid. 

At some future time it may be proper for the City Council 
to enact an ordinance in relation to the use of the proposed 
rails, but as your committee cannot now decide upon the de- 
tails of such an ordinance, they have embodied the most im- 
portant regulations which have occured to them, in the resolu- 
tions herewith presented. 

Your committee recommend the passage of the annexed res- 
olution. 

For the Committee, 

Thos. M. Burgess. 

Providence, July 17, 1848. 

Book 2— page 468. 

Resolved, That the Resolutions reported this day by the Com- 
mittee, to whom was referred the petition of the Providence and 



44 

Worcester Railroad Company, be printed in the newspapers em- 
ployed to do the city printing, and that they be recommitted to 
said committee with authority to amend the same if expedient 
and that said committee be instructed to advertise a meeting at 
which they will hear the objections of any interested persons to 
the passage of said resolutions and to report to this council at 
their next meeting the substance of such objections as may be 

made before them. 

[Passed July 17, 1848.] 

Book 2— page 472. 

To THE Honorable City Council of the City of 
Providence : 

The Committee to whom was referred the subject of granting 
permission to the Providence and Worcester Railroad Company 
respectfully 

REPORT. 

That besides several verbal objections to laying said rails they 
have received the communications herewith presented marked 
A, B, C, that the result of the objections is that on the east 
side the objectors are numerous and their objections positive ; 
that on the v/est side the objections come from the 
Providence Washington Insurance Company and David 
Barton Esq. and that the objection of the Insur- 
ance Company may be overcome by a modification 
of the plan. Mr. Barton does not seem to object to 
the rails, but desires to have another improvement made which 
your Committee consider desirable, but for which the proposed 
accommodation to the public ought not to be delayed. 

Your Committee recommend that the subject of laying rails 
on the east side be postponed until the second Mc/nday of Sep- 
tember and that the accompanying resolutions be passed. 

Providence, July 24, 1848. 

Read, whereupon it is resolved that the same be received. 

[Passed July 24, 1848.] 
Upon the petition of the Providence and Worcester Rail- 



45 

road Company, praying for permission to lay their rails tlirough 
public streets, near to the water and on either side of the river. 

RjisoLVED, That the said Railroad Com2:)any be rnd they are 
hereby authorized to lay their rails across the open land below 
their freight depot and across the water to Market Square and 
thence through said square and down the whole length of West 
Water street, and upon Dyer street and any other public high- 
way or dock, situate on the west side of the river and east of 
Eddy street. 

Eesolved, That Messrs. Baker, Sliepard, A. C. Mathewson 
Walcott and Carpenter of the Common Council and the Mayor 
and Alderman Hoppiu be a committee to supervise the work 
hereby authorized and to decide upon the details thereof and the 
manner of doing the same and the exact part of said streets, 
square and lands where said rails are to be laid, and that said 
Committee be instructed to require of said Eailroad Company, 
that they use every precaution to make the streets passable and 
to leave them in good order, and that said Committee be 
authorized to stop the work whenever their directions are not 
followed. 

Resolved, That said rails when laid be used under such restric- 
tions and regulations as said Committee may prescribe until fur- 
ther action of the City Council ; provided, that no locomotive 
shall run on said rails, without the expi-ess consent of the City 
Council ; it being understood expressly that it shall be lawful for 
the City Council to authorize any other Railroad Company to 
run their cars on the rails hereby authorized to be laid, upon pay- 
ment of a reasonable share of the cost of such rails. 

Resolved, That further proceedings upon said petition be 
postponed until the second Monday of September next. 



Book 3— page 7. 



[Passed July 24, 1848.] 

City of Providence, 
Mayor's OFriCE, April 8th 1849. 



Gentlemen of the City Council : 

I respectfully recommend that a Committee be appointed or 
some officer designated to examine on behalf of the city the 



46 

work which the Providence and Worcester railroad Company 
have executed in pursuance of the resolutions of the City 
Council passed February 17, 1846. This recommendation is 
made at the suggestion of the President of that Company, so 
that they may understand what work the City Authorities ex- 
pect them to do. 

Most of the work done is very satisfactory, the only impor- 
tant parts yet unfinished are, as far as they are known to me: 

1. The paving of one bridge. 

2. The furnishing of water on Cove street at low tide, for 
protection against fire. 

3. The taking of the mud from the Cove. 

It is possible that for some parts of the above named work, 
other improvements may be substituted to the advantage 
both of the public and the Railroad Company ; and for that 
reason it may be better to refer the subject to a Committee of 
the Council rather than to a single officer. 

' 'THOS. M. burgess, Mayor. 

Read, Wliereupon it is 

Resolved, Tliat the same be referred to Messrs. Williams, Hill 
and Waterman of the Common Council and the mayor and alder- 
man Whitaker, to examine the work and report how much of 
said work is done, and what alterations may be for the public in- 
terest. 

[Passed April 9, 1849.] 

To THE City Council of the City of Providence: — 

Your committee, to whom was committed on the 9th of April 
last, the communication of His Honor the Mayor, recommend- 
ino- the appointment of a committee " to examine on behalf of 
the city the work which the Providence and Worcester Rail- 
road Company have executed in pursuance of the resolutions of 
the City Council, passed February 17,1846," which communica- 
tion was referred with instructions " to examine the work and 
report how much of said work is done, and what alterations 
may be for the public interest," respectfully report : — 



47 

That they have attended to the duties assigned to them, and 
have consulted for information, the Surveyor of Highways, 
Street Commissioners and Fire-Wards, who had special charge 
in relation to parts of the work coming within their respective 
departments ; and have also consulted the report made on the 
14th of December, 1846, by a committee appointed by the City 
Council, Nov. 9th, 1846, " to enquire whether the Providence 
and Worcester Railroad Company were constructing the im- 
provements in the Cove, in accordance with the specifications 
adopted by the City Council." 

In order to give a more clear and thorough view of the state 
of the work, the subject is here presented with the specifica- 
tions dissected, each part in the order in Avhich they stand in 
the specifications. 

1. Area and Excavations. — " The basin shall be as upon 
said plat, an ellipse varying from a width of about 1,300 feet to 
one of about 1,180 feet, with an opening about 50 feet wide to 
pass the Mosshassuck river into said ellipse, and'one of about 150 
feet wide to pass the water from said ellipse towards Washington 
bridge." 

No particular survey has been made on behalf of the city, 
but the committee believe that this part of the specifications has 
been substantially complied with. There is a variation in the 
line of the basin on its northerly side, a 5 to the relative position 
of the same with the shore and State Prison wharf, from the 
line delineated on the plat ; this line projecting further into the 
Cove than is shown on said plat ; but it was shown by the ex- 
amination of the committee of 1846, that the plat on our records 
adopted by the City Council, from being a copy of copies from 
an original plat drawn by the railroad company or from an in- 
correct oricvinal, to have been erroneous. 

2d. "The channel for the Mosshassuck river shall be exca- 
vated to a depth of one foot six inches below low water mark." 

No excavation has been made to carry out this part of the 
contract, except the making of a boat channel to the canal 
locks. 
3d. And the channel " from the ellipse to Washington bridge to 



48 

the depth which the channel between the bridge and Weybosset 
bridge averages where said channel is 150 feet wide." 

Considerable excavation has been made and excepting at 
three sections, to the required deptli. 

It has been recently examined in cross sections 60 feet dis- 
tant from each other ; sounding in those sections, every ten 
feet. Commencing at the elliptic basin with No. 1, ending 
with No. 9, near Washington bridge,Nos. 5, 7 and 9 are a 
little short of the required depth, and No. 8, doubtful. 

4th. " And both of said channels shall have a covering of 
small broken stones at least 6 inches thick." 

No part of this portion of the contract has been fulfilled, ex- 
cepting some broken stone laid next to the piling on each 
side of the channel, to Washington bridge. A portion of this 
channel, has a firm, shelly bottom. 

" The wliole area of the ellipse, as described upon said plat, 
shall be excavated so that the bottom shall be left upon an aver- 
age one foot below what it now is, and as nearly as may be upon 
an uniform level." 

A few scow or boat loads of mud have been removed, being 
a very inconsiderable part of the whole. 

Walls. — " The margin of the basin on the line A, C, D, B, 
shall be formed (excepting where the before named openings 
occur) by a substantial stone wall of such thickness (at least 
equal to any part of the wall now standing on Cove and Canal 
streets,) as an examination of the bottom shall show to be ade- 
quate to sustain the fiUing." 

The walls constructed on this part of the work are of greater 
thickness, and generally of greater strength, so far as" the su- 
perstructure is in question, but some of the walls, " especially 
ao-ainst Canal street, also towards the west end of that against 
Cove street" so far as erected in 1846, (according to the re- 
port made by the Surveyor of Highways in 1846,) is " of a 
very inferior character, both as repects the stock and the man- 
ner of putting it together. The stone are too much broken up, 
and the deficiency of headers extending through from front to 
rear, has caused the wall in some places where it has settled, 



49 

to spread at the top,- leaving an opening lengthwise of the wall 
near its centre." 

The last mentioned inferior wall, when the Surveyor of 
Highways made his report to the committee of 1846, was not 
carried up to the full height required. 

The committee say of these walls, that they " are probably 
about or over 1^ feet of greater thickness than the best part 
of the walls on Cove and Canal streets, and a very laro-e por- 
tion built of good materials and constructed in a substantial 



manner." 



2. " The walls on the sides of the passage to pass the Mos- 
shassuck river into the basin shall be of increased strength, 
sufficient to make them perfectly strong." 

The report of the committee of 1846, say of these walls, 
"though of some less thickness than the walls of the abutment 
of Weybosset bridge are of good m aterials, well put together, 
and are believed to be equal, if not superior to the abutments 
of Vv^eybosset bridge." 

3. " Those on the sides of the passage toward Washino-ton 
bridge shall be equal to the wall at Weybosset bridge. 

These walls are of very good materials, of greater thickness, 
and put together in a very substantial, workmanlike manner. 

4 " All of these vv^alls shall be laid upon brush or such 
other foundations as may insure stability ; which foundations 
shall be at least six inches below the lowest tide water mark 
throughout, growing gradually deeper for 100 feet on each .side 
of the openings in which thfe foundations shall be in that lead- 
ing from Moshassuck river two feet, and that leadino- 
towards Washington bridge, to the depth of the channel of said 
opening." 

From the report of the committee of 1846, it appears " that 
about 900 feet of the wall of the elliptic basin between its 
commencement at the northeast corner of the State Prison 
w-harf, to its junction with the passage to Canal basin, has its 
foundation on an average of 22 inches above the specifications, 
varying from nothing to 3 feet above the same. About 150 
feet of this section of the elliptic wall is down to its proper 
depth. 7 



50 

" That the foundation of about 480 feet' of the elliptic wall, 
comprising all that part of the same which is between the pas= 
sage to Canal basin and the passage to Washington bridge, 
averao-es 2 feet 1 inch higher than the specifications require, 
varying from 1 foot 4 inches to 3 feet above the specifications." 

" That about 700 feet of the elliptic wall which is laid 
against Cove street and which now (when the committee made 
their report) has no embankment, has its foundations on an av- 
erage, 10 inches higher than is required by the specifications, 
varying above the same from 3 inches to rising 3 feet." 

The greatest variation is at or near the opening to Wash- 
ino'ton brido-e. The westerly end of this section, so far as was 
constructed in 1846, was Ij^^ foot above the required depth. 
Since 1846, a few hundred feet more of this range of wall has 
been built at the westerly end. No accurate survey has been 
made of this new section of wall, but from superficial observa- 
tion, it appears to have a base about the average of that of the 
westerly end of the older wall, viz. : lylo^ feet above specifica- 
tions. Of the foundations of the walls of so much of the 
passao-e to Canal basin as is in the direction toward Canal 
street, the committee of 1846 say that they " average about 2|- 
feet above the specifications, varying from 2 feet to 3 feet 4 
inches from the same." Of the remainder of this passage, 
they say " the committee understand that the foundations of 
so much of the walls in this passage as runs nearly parallel 
with Canal street, are down below the specificatiojis, that it was 
not practicable without much difficulty to ascertain their true 
depth." 

So much of the walls as are on the sides of the passage to 
Washino-ton bridge, is laid on the head of piles driven into the 
mud. At the time it was examined by the committee of 1846, 
about 400 feet of this wall had been laid on the northeast side 
of this passage, with the foundations about 3 feet 9 inches above 
the depth required by the specifications, varying from about 3^ 
to 4 feet above the same. On the southwest side of this pas- 
sao-e, no wall had been erected at the time of that examination. 
About 250 feet of the piles had then been driven, their heads 



51 

prepared to receive the walls, to an average of over 3|- feet 
above the required base, varying from about 3 feet to 4 feet 
above the same. The foundations of the walls that have been laid 
on the piles which have been driven or prepared since the re- 
port of the committee of 18^:6, are to a greater depth, some- 
what near lowest low water mark. 

The railroad company, in a communication to the City Coun- 
cil, by their President, January 11, 1847, in relation to the 
foundation of the walls, say, 

" While this work was progressing, the best manner of lav- 
ing brush foundation was a subject of much enquiry ; facts 
were obtained from experienced men and information sought 
from men whose judgment could be relied upon ; and they 
were decidedly in favor of laying the brush on the surface ; so 
that wherever brush foundations were laid, after laying those 
in the- Mosshassuck, they were laid on the surface ; and the firm 
manner in which the walls have stood, gives the company 
great confidence that they have adopted the best method. " 

5. " Said Avails shall be of the height of Canal street oppo- 
site Steeple street, unless otherwise directed by the Street Com- 
missioners, and coped with granite." 

This part of the specifications is believed to have been fully 
complied with. 

6. " The wall on the westerly side of the Canal basin shall 
be fully equal to that on Canal street in every particular, and 
about 50 feet therefrom." 

This part is believed to have been complied with. 

7. " All the materials belonging to the city in the walls 
around the Cove, except in Canal basin, may be used by the 
railroad company in the improvements." 

They have been thus used. 

Oulverts, Reservoirs, <&e. — 1. " Culverts shall be constructed 
from near the points A and D to the water near Washington 
bridge, as nearly as may be, upon the outside lines of Cove 
and Canal streets as they now are." 

So far as location is involved, these culverts have been con- 
structed. 



52 

2. " The bottom of said culverts shall be at low water 
mark, and shall have a stone pavement with a priming stone 
of at least 15 inches in width, as often as once in twenty feet, 
to protect from the action of the water under the pavement." 

The bottom of the culvert on the line of Canal street is un- 
dulating, so as to negative any advantage that can accrue in 
such parts as may be of the required depth from a conformity 
with the contract. The committee who examined it in 1846, 
say that it " is down to average low water mark," " but the bot- 
tom is undulating, the pavement bad, deficient in priming." 

The bottom of the culvert on the line of Cove street, from 
a survey of Messrs. Schubarth and Haines, is at its mouth at 
Washington bridge, -^^ foot above low water mai*k. At oppo- 
site the middle of the passenger depot, -^-^^ above low water. 
The survey of Mr. Cushing for the railroad company makes 
the bottom of the mouth, 1^-^ below low water. Opposite the 
middle of the passenger depot, Oy^^ and at the corner near 
Howard building, I^^q- below low water. 

The line of low water mark is an indefinite term, and the 
principal diflPerence between the two surveys, is in the line of 
low water mark adopted by each party. 

The survey of Messrs. Schubarth and Haines adopted the 
line of lowest low water mark, as ascertained by a survey 
made by Messrs. Atwater and Schubarth in 1846, by order of 
the city authorities. This line of lowest low water mark, is 
Iy^q feet below average low water mark as ascertained in a 
series of observations made in the month of October of that 
vear. 

The language used in the specifications is " the bottom of the 
culverts shall be at low water mark." The railroad company 
adopted average low water, as low water mark in all of the 
surveys for their road. In the specifications for the foundation 
of the walls, the language is " lowest low water mark." For 
the purpose of supplying the fire-wells Avith water, it would 
have been well to have made the bottom of the culverts at low- 
est low water mark. 

The culvert on the line of Cove street, in some portions of 



53 

the same, has paving stones at the bottom, deficient in priming 
and if it may be called work, is badly done. The remaining 
portion has no pavement. 

One oi the causes of tlie disagreement between Messrs. Schu- 
barth and Haines and Mr. Gushing, in the survey of its bottom, 
was the difficulty in determining what was the actual bottom, 
from the want of a firmness of surface in the same. 

3. " The culvert shall be at least three and a half feet wide, 
and five feet hIoi;h from low water mark." 

The size of the culverts is believed to be riorht, 

4. "The top shall be covered with flat stones of suitable 
strength to sustain the filling above them, and so fitted as to 
prevent the earth from falling into the culvert." 

Of the culvert on the line of Canal street, being all which 
was constructed at the time of the examination of the commit- 
tee of 1846, that committee say " the walls of a considerable 
portion not constructed in a workmanlike manner, and some 
of the covering unsatisfactory." 

The coverinor of the culvert alonjy the line of Cove street, is 
satisfactory and the walls of a better character than those of 
the Canal street culvert. 

5. " There shall be at least ten openings (more if the sur- 
veyor of highways shall direct) over the culverts 3 feet by 2, 
covered with iron Q-ratino-s of strength for loaded teams to nass 
without breaking them, through which Avater may run, and 
which may be opened to clear the culvert." 

In consequence of a change of grade, which has changed 
the course of the surface waler from these openings to the 
sides of the streets, this work has been satisfactorily changed 
in its details. 

6. " Three reservoirs shall be constructed on Cove 
and three on Canal street, of such dimensions and in such 
locations as the Surveyor of Highways shall direct. The bot- 
tom of each shall be two feet below the bottom of the cul. 
verts it connects with ; the sides shall be built of good stone 
work, the top covered with chestnut timber to support the 
filling, with an opening three feet six inches square, covered 



54 

with a movable grating of chestnut timber, so that the deposits 
can be taken out." 

These reservoirs have been constructed to the satisfaction of 
the Surveyor of Highways, who was charged with the exami- 
nation of the work. The covering of tliese reservoirs has been 
ahered from the plan of the specifications, and is believed to be 
an improvement upon the same. 

7. " The fire-wells existing on Cove and Canal streets shall 
be connected with the Cove by culverts." 

These connections have not been made. The fire-well on 
Cove street is rendered almost useless at low water. The sup- 
ply from this well previous to the works being done in the 
Cove, was inexhaustible at all times of the tide. 

For the supply of the old well on Canal street, as well as for 
the new wells on that street, a run of water has been turned 
from the Canal basin into the culvert on the old line of 
Canal street, which supplies these fire-wells satisfactory to the 

fire wards. 

8. " And other wells or arrangement shall be made for water 
satisfactory to thefirewards." 

The Board of Firewards directed " three fire-wells to be 
built on Canal street, and four wells on Cove street." 

Three wells have been constructed on Canal street, and three 
wells on Cove street, (now Exchange place,) leaving one fire- 
well to be constructed on Cove street. 

2d. " The well to be 6 feet diameter." 
" The committee have not caused an accurate measurement, 
but believe the diameter to be satisfactory. 

od. " And sunk 5 feet below the level of the Cove when 
dug out by the railroad company to the stipulated depth, the 
bottom of the wells to the depth of six inches to be of pebble 
or McAdam stone." 

From the report of the Surveyor of Highways, who was di- 
rected by the City Council in July, 184G, to take the level of 
the bottom of the Cove basin as it there was, it appears that 
" the level of the Cove when dug out by the railroad company 
to the stipulated depth" is ^q% of a foot below average low 



55 



water mark, or -^^^-jj of a foot above lowest low water mark 
when not affected by winds, as ascertained by observations in 
October, 1846. From the report of the Surveyor of High- 
ways to the committee of 1846, who caused the wells which 
were then constructed to be examined, viz. : three wells on 
Canal street, it appears that they are not at the required depth, 
to an average of 1 foot and -^-^q. 

The bottom of those wells are as follows, desijxnatino; them 
by No. 1, 2 and 3, as they occur from the fish market, (then 
standing.) 

No. 1, was 4:^Q^Q feet below stipulated Cove level, being a de- 
ficiency of rjSgSg of the required depth. None of these wells have 
their bottoms covered with pebble or McAdam stone, but have 
the natural Cove bottom. The pebbling would require an ex- 
cavation of r^^Q of a foot greater depth in order to receive the 
same and leave the walls at the stipulated depth, which added 
to the above deficiency, makes the whole deficiency 1 foot 
and JqS^. 

No. 2, was 4^4_2^ feet below " Cove level" ; deficiency -^^q. 
Add for pebbling, ^^^q. Whole deficiency, 1 foot and ^1^. 

No, 3, was3y^Q2_. feet below " Cove level" ; deficiency, l^f-jj. 
Add for pebbling, -f-^^. Whole deficiency, 1 foot and jQ^(f. 

The fire wells on Cove street have been recently examined by 
Messrs. Schubarth and Haines, by direction of the chairman of 
your committee. 

Designating the wells Nos. 1, 2 and 3, as they occur from the 
westerly part of Cove street, they are as follows : No. 1, is 
Z^^Q feet below " Cove level" to the top of a soft mud. This 
mud is 2^6_o_. fgg^ deep to a firmer bottom. It is difficult to de- 
termine how far an excavation has been made for these wells, 
but if this soft mud has floated into the wells since their exca- 
vation, this well has been constructed to its required depth. If 
not, it is as follows : 1 foot -^^^ deficiency. Add for peb- 
bling, ^5qOj. Whole deficiency, 1 foot -^^q. No. 2 is 2-^^\ feet 
below " Cove level," from the top of a soft mud. Depth of 
mud, ^43_. If the excavation has been made to the bottom of 
this mud, the deficiency, including for pebbling, is 2-^q% feet. If 
it has not been so excavated, the deficiency is 2^^q feet. 



56 

No. 3, is 3 j^Q feet below " Cove level," from the top of a 
soft mud; deficiency, lyVo- ^^^ ^^^^ pebbling, ^^\. Whole 
deficiency, 1 foot -^-^-q. The soft mud in this vi^ell is 2^^^ feet. 
If the excavation has been made to the firmer bottom, this 
well has been dug out to the required depth. 

None of these wells have been pebbled, or had McAdara 
stone for their bottom as required, consequently whether this 
soft mud has or has not floated into those wells since their 
construction, the railroad company are bound to remove the 
same and finish their bottoms as required. 

4. " The wells to be covered with substantial stone platform, 
with 4 holes in each, for the reception of the suction pipes, 
with iron plugs, in conformity to those of the other fire reser- 
voirs of the city." 

This part of the work is satisfactory. 

5. " The vrells to be supplied with water by suitable branch 
culverts leading either from the Cove or the main culverts," at 
the option of the Board. 

, The committee of the Board of Firewards decided to make 
the connection with the culverts, under the expectation that the 
culverts would be as low as the " Cove level," when dug to 
the stipulated depth. 

They are not down to that level. 

The connection with the culverts have been made. 

6. " Gates to be fitted at the termination of the main cul- 
verts." 

Such o-fites have not been fitted. 

Embanhrnent. 1. " Next to all the walls shall be depos- 
ited shells, pebbles or some other materials that are suitable to 
prevent the escape of the sand and mud used in filling." 

The committee of 1846 reported that " the materials depos- 
ited against the walls are generally such as have ordinarily been 
brought from the excavation, being at some places sand, some 
places gravel, and other places, a mixture of each." 

The deposits made against the walls since that report, ex- 
centincT n litrht shelling to some of the culverts, and some- of the 
fire-wells have been of the same character ; no selection of ma- 



57 

terials having been made to deposit next to the same. Near 
the State Prison, the walls have fine sand deposited against 
them, and some of the sand has been washed through the same 
into the Cove. 

Such departure from the contract, especially in relation to 
the fire-wells, which ought to have been well protected, is pro- 
ductive of more injury to the public, in proportion to the 
savings to the railroad company, than most of their other de- 
partures, as an abundance of shells were conveniently at hand, 
and which have been buried beneath their embankments, and a 
greater abundance of pebbles free from sand could have*been 
bi'onght from their excavation, with but little care in selecting 
and forwarding the same separately from the common earth. 

The railroad company however considered that the extra 
thickness of the walls, is an equivalent in its effects in keeping 
the earth from washing through the same, to either shells or 
pebbles, and contend that this extra thickness, is, in fact, the 
other muterials that are suitable to prevent the escape of the 
sand and mud used in filling. 

This argument of the railroad company is hardly tenable. 
The object of placing shells or pebbles against a wall is to fill 
up the openings which exist in the same, with a material suffi- 
ciently coarse as not to be liable to wash through those open- 
ings, but sufficiently compact to hold back the earth. 

Many of these openings are large enough to admit a consid- 
erable flow of sand throug-h the same. 

Shells, pebbles or other materials of like qualities are indis- 
pensable near the top of the walls for a good construction. 

2. " The whole area bounded by the margin from A to B 
and the present high water mark shall be filled in with mud and 
to a level of about eight feet above ordinary high water mark, 
excepting that so much as is added to Cove and Canal streets, 
and as is included in the 80 feet avenue next to the water." 

This part of the work is nearly all of it occupied by the 
railroad company, and has been filled in accordance with the 
specifications. 

3. " So much as is added to Cove and Canal streets and as is 



58 

included in the 80 feet avenue next the water, shall be graded 
and smoothly graveled to the satisfaction of the street commis- 
sioners." 

Canal street, by an arrangement between the city and the 
railroad company, has been graded and paved, and may be con- 
sidered as settled, so far as the question of grading, &c., is in- 
volved in that street. 

Cove street, (now Exchange place,) the Street Commis- 
sioners state, " is not fully brought to a grade. It is below 
grade on an average sufficient to receive the gravel required." 

Oi> " the 80 feet avenue" from the State Prison wharf to the 
Moshassuck channel, no graveling has been made. The west- 
erly portion is filled with sand excavated from the bank 
north of the State Prison, and the easterly portion with 
the earth from the railroad excavation. It is about to the 
grade. 

From the Moshassuck channel, round by the passenger depot 
to the westerly end of the grant, it has been finished at the ex- 
pense of the city, for a Mall. That portion between Moshas- 
suck channel and the channel to Washington bridge was fin- 
ished in the past year. The city took out considerable of the 
earth which had been filled in to make room for the materials 
necessary to this improvement. The portion which is westerly 
from the last named channel has been recently finished. By 
an arrangement between the Surveyor of Highways and the 
railroad company, the common earth which was necessary to 
raise the filling left undone, to a level required to receive the 
materials selected for finishing the same, has been put in at the 
charge of the railroad company. 

The Mall is laid out with gravel walks, and so far as gravel- 
ing these walks are in question, the expense is chargeable to the 
railroad company, according to the specifications, and should be 
borne by that company. 

1 So much of the expense as has been saved to the railroad 
company, in consequence of the city's having filled with clay 
and loam, might upon equitable principles also be chargeable to 
that company. 



59 

4. " The Street Commissioners who shall fix the height of 
all walls opposite to said streets, at the point to which the 
grades of such streets run." 

This has been substantially complied with. 

Bridges. — 1. "There shall be two bridges constructed across 
the channels at the points C and E, equal in materials and 
finish to Washington bridge." 

These bridges are not equal to Washington bridge, either in 
the character of the work or strength of materials. 

The piles are about two thirds of the size of those of Wash- 
ino-ton bridge, and are very insufficiently driven into the bottom 
of the Cove They have commenced settling under the car- 
riage way of the lower bridge, and have gone down consider- 
ably. Just fears are entertained that they will continue to go 
down, and considerable expense be incurred at no distant day 
in reconstructing this bridge. 

The upper bridge is not paved as is required by the contract. 
The materials and work are of the same character as the lower 
bridge. It has settled but little, but were it paved and opened 
to receive the same travel over it which was contemplated when 
the contract was completed, there can be but little question that 
the same vieldino- would occur in this as in the lower bridge. 

The floor joists of these bridges have not the strength of those 
of Washington bridge. They are 8 by 16 inches', about two 
feet from centre to centre under the carriage way. Those of 
Washington bridge are 9 by 16 inches, and about two feet one 
inch from their centres. 

2. " And one at D equal to Randall's bridge, all of which 
shall be eighty feet wide." 

This bridge is satisfactory, and all of the bridges are of the 
proper width. 

3. " The railroad company, if required by the bf^ard of 
aldermen, shall also eiect and maintain three bridges for foot 
passengers to pass to and from the promenade above their rail 
tracks, of such dimensions and patterns, and at such places as 
the Board of Aldermen may direct." 

The Board of Aldermen have not yet directed any of these 
brid^ies to be erected. 



00 

Fences. — 1. "The railroad company .shall erect from the 
briclo-e at E to Washington bridge, substantial fences, which 
shall be similar to those now running from Washington to Wey- 
bosset bridges." 

This fence has been erected in accordance with the specifica- 
tions. 

2. '• And said company shall erect and maintain a fence 
upon the line between the land used for railroad passengers and 
the 80 feet street next the Cove." 

From the Moshassuck channel round by the passenger depot 
to the westerly end of their filling, such fence has been erected 
by the railroad company, but they erected the same about two 
feet on to the 80 feet avenue at the passenger depot. It is sup- 
posed that there is some error in locating the depot which has 
left a narrower space between the same and the avenue than 
was contemplated. 

From the Moshassuck channel towards the State Prison, no 
such fence has been erected. 

A portion of this section (near the State Prison) has a new 
street adjoining or entering the same. Along the length of 
this junction, the railroad company are not required to build a 
fence. 

3. " And also so much fence enclosing the railroad tracks 
as the Board of Aldermen shall direct." 

The Board of Aldermen have given no directions for this 
branch of tencing. The railroad company however have built 
a fence from the southerly side of the bridge over the Canal 
locks to near their rail tracks, and continued the same northerly, 
parallel with the rail tracks to opposite the northerly end of the 
merchandise depot at the Canal basin. 

No authority has been given for the erection of this fence, 
which practically appropriates a bridge belonging to the city 
and the land between the merchandise depot and the rail tracks 
to railroad purposes. 

Material public injury may not arise from the erection of 
this fence, were there not danger that the area within the same 
may in the course of time be claimed and secured as the ex- 



61 

elusive property of the railroad company, If it is suffered to 
remain in the present position of the matter, it being under- 
stood that the railroad company make extensive claims from 
riparian rights in that vicinity, by the purchase of the claim 
made by Philip iUlen, Esq., to a small Island on the margin of 
the Canal basin. 

A public rio'ht of wav which was under the charore of the 
city, from the Canal lock bridge to the old shore at the north- 
erly side of the Cove, runs over or on to this island. This 
public way Is shut up by this fence. The railroad company 
have also erected an engine house and wood sheds over this 
public way, and have enclosed a part of the same In their wood 
yard, and have in consequence of such erections covered a 
part of it with rail tracks not laid down on the original plat. 

The Board of Aldermen, however, by a verbal arrangement 
have consented to this use in consideration that the railroad 
company furnish a passage across the Canal basin by the erec- 
tion of a new bridge near the northerly end of the merchan- 
dise depot at the Canal basin. 

No formal proceedings have been Instituted by the Board to 
carry out the same, nor record made of this arrangement. 

4. " The pattern and color of all fences to be approved of 
by the Board of Aldermen before the same are erected." 

This has been satisfactorily conformed with. 

5. " And wherever a highway may cross the rail tracks, 
the railroad company shall erect and maintain such gates un- 
der such regulations as the Board of Aldermen shall from 
time to time deem needful to secure the safety of the citizens." 

The Board of Aldermen have not yet decided that any such 
gates are needful; consequently none have been creeled. 

Conclusion. — "It is understood that all of the work needful 
to be performed in order to construct and to complete the walls, 
causeways, streets, lands, embankments and bridges represented 
on the plat, is to be done by the railroad company In a work- 
manlike and substantial manner, to the satisfaction of the Board 
of Aldermen, whether mentioned in the foregoing specifica- 
tions, or not." 



62 

So far as tlie quality of the work is in question, this claim 
is answered in the remarks npon the several points in the speci- 
fications. 

The work was to be done in a " workmanlike and substan- 
tial manner," and in confopmity to the specifications. If there 
was any needful work to be performed in carrying out the plan, 
which the specifications did not provide, the power is vested in 
the Board of Aldermen to require the same to be done to their 
satisfaction. Some change of plan and construction has grown 
out of this provision, viz. : grading of street, openings to cul- 

vert.and construction of lateral culvert and covering of reservoirs. 

2. " And the railroad company shall forever maintain and 

keep in repair that portion of the same which comes within the 
lines set apart for I'ailroad purposes." 

3. " And shall also repair any break in the walls or bridges 
and fill up any space that may settle in the remaining part, 
and which may happen within one year from the time the 
work shall be completed." 

As long as the work remains as it now is, uncompleted, the 
the railroad company are bound to keep it in repair, and one 
year after they shall complete the same in accordance with the 
specifications, unless the City Council in the mean time accept 
of or compromise the matter. 

Use of the land, Hail-tracks, &c. — The resolutions making 
the grant in question contain the following proviso, viz. : 
" And provided, also, that neither the Providence and Wor- 
cester Railroad Company nor any person or corporation claiming 
by, through or under them, shall acquire any right, title or 
interest in any land below the present high water mark, which 
they shall fill up under the autliority given by these resolutions 
excepting the right of using for railway purposes, the portions 
marked on said plat as designed for railways and depots." 

A part of the depot building has been used as a telegraph 
office, in violation of this provision in the grant. 

The railroad company have occupied without the consent of 
the City Council, much more land for railway, than is laid 
down on the plat. Most of them are necessary, and do no 



63 

injury to the public ; and it is not surprising that this company 
which has gone on and constructed the work according to 
their own views and plana, independent of the city, and in 
disregard of the specifications, would appropriate so much land 
as they deemed necessary for rail tracks, without asking leave 
of the city. 

The rail tracks running southerly from the merchandise 
depot near Steeple street, are much complained of, and are not 
laid down on the plat. The principal public inconvenience of 
these tracks is in the practice of leaving freight cars standino- on 
the same, sometimes obstructing the travel, and generally cut- 
ting up a space designed to be left open for public use. They 
were laid by an arrangement with the Board of Aldermen, to 
lay while the merchandise depot was used for passenger trains, 
to be taken up when such use ceased. 

2. " Including the right to control by its police all car- 
riage vehicles and animals standing or passing within a space of 
thirty feet south of the depot location in front of Cove street, 
marked upon said plat." 

3. " And of using for car houses and workshops the land filled 
in the Canal basin, and between that basin and the State 
Prison." 

4. " And if at any future time any portion of said land 
filled under the authority hereby granted, shall cease to be 
used for railway purposes, all incumbrances shall be removed 
therefrom, and such land shall remain for public uses forever." 

The question may arise : The railroad company having let 
a part of the passenger depot for a telegraph ofiSce, and when 
thus occupied it having ceased to be used for railway pur- 
poses, has not that part so occupied reverted to the public ? 

On the subject of enquiry embraced in the instructions to 
your committee, of " what alterations can be made for the 
public interest," two plans have been presented, both of which 
are connected with the supply of water for the fire depart- 
ment. 

The first is to construct capacious reservoirs on or near Cove 
street, partly dependent for a supply of water from the earth, 



■>& 



64 

to be sufficiently large to supply the fire department for several 
hours, at such times of the tide in which an ample supply can 
not be depended upon from the culverts. 

The other is to build a dam at the opening from the elliptic 
basin to Washington bridg-e, of a height sufficient to turn a 
considerable flow of water through the culverts at low tide. 

To answer the intended purpose, it will probably require a 
dam at about the height of low water at neap tide, or about 
two feet above lowest low water at spring tides. 

The railroad company have expressed a desire through His 
Honor the Mayor to the committee to have the subject of their 
departures from the contract compromised by the payment to 
the city of a sum of money to be expended in improvements 
connected with the work, and the railroad company in consid- 
eration of such payment, to be excused from any further obli- 
gation to comply with their contract. The sum which has been 
named to the committee is inadequate, and is far below the 
amount the railroad company save by being excused from exca- 
vating the elliptic basin, estimating the cost of excavation only 
at their contract price, which is believed to be considerably 
below what such excavation will now cost. 

The savings to the railroad company in other short comings 
as well as departures are to a considerable amount. 

Should it on full consideration be found advisable to dispense 
with the excavation of the elliptic basin, the dam, before named, 
will answer a very valuable purpose, in keeping the flats in the 
basin covered with water at low tides, as well as to clear the 
culverts and furnish a full supply of water to the fire depart- 
ment. 

Strong objections have been raised against the erection of 
this dam. It is feared that it will have the effect to so much 
diminish the current, as to lessen the depth of the harbor in the 
course of a few years. This objection is of too much importance 
not to demand the most serious and careful consideration. 

If the expediency of making an alteration in the uncom- 
pleted work and of compromising the matter with the railroad 
company is to be entertained, an examination of the strength of 



65 

the current in the liarbor at different times of the tide, and a 
careful application of the laws of currents in their effects upon 
channels, must be made, before any decision can be judiciously 
ventured. An estimate of the difference in the expense between 
the woi'k as it now is and the fulfilment of the contract by the 
railroad company should be gone into before the matter is 
adjusted by a compromise. 

The committee therefore recommend, that the subject em- 
braced in this report be recommitted, with instructions to cause 
such examinations and estimates to be made, as the committee 
find necessary to a proper understanding of the subject and 
to report the same to the city council. 

Eespectfully submitted by order of the Committee, 

Edward S. Williams, Chairman. 
. Providence,-May 14, 1849. 

[In Common Council, May 14, 1849.] 

SURVEY OF EXCAVATION AND 'FIRE-WELLS, 
BY SCRUB ARTE AND HAINES. 

[May 11, 1849.] 

E. S. Williams, Esq. 

Sir : — 1. To ascertain how the bottom of the channel lead- 
ing from the Cove to the river above Washington bridge will 
compare with the bottom of the channel below said bridge, 
where the same is 150 feet wide, we took nine cross-sections of 
the channel above the bridge, at distances of 50 feet apart, with 
soundings at ten feet apart, through each cross-section, with 
the followino; results : 

The average depth of the bottom below lowest low water 
mark is (said low water mark being 12.80 feet) below the first 
floor of R. Waterman's store. 

At section Ko. 1, on the west line of the Promenade bridge, 3.22 ft. 
" " " 2, which is 50 ft. down stream from ditto, 3.92 " 
u u u 3^ u 200 " " " " 3.77 " 

" " " 4 " 150 " " " " 3.44 " 

" " " 5, " 200 " " " " 2.53 " 

9 



66 



\t 


section No. 


6, 


n 


a 


u 


7, 


it 


ii 


i( 


8, 



250 " 


«( 


it 


u 


f3.08 ft 


300'" 


u 


a 


(( 


2.32 -' 


350 " 


il 


(( 


(w 


2.61 " 


N. end" 
400 
384 f 


II. 


(( 


(( 


2.49 " 



ii ii "9 " 

LS. end J 

The average depth of the bottom of the channel below low- 
est low water mark, where it is 150 feet wide below the Wash- 
ington bridge, is, according to Atwater & Schubarth's report 
of December 3d, 1846, 2.60. 

2. To ascertain how low the bottom of the elliptical basin, 
when excavated according to the specifications will be, as com- 
pared to the lowest low water mark, we found by reference 
to a plat exhibiting the surface of the mud in the Cove, made 
by Atwater and Schubarth, August 10th, 1846^that the aver- 
age height of the said surface was then 12.60 feet below the 
underpinning of A. B. Dike's brick store on Canal street (be- 
tween doors No. 21 & 28.) 

Consequently the bottom of the Cove when excavated according 
to the specifications, will be below said underpinning, 13.60 feet. 
We also found the height of iaid underpinning above the 
lowest low water mark, to be 13.85 feet. 

Leaving the bottom of Cove, when excavated according to 
the specifications, above lowest low water, 0.25 feet. 

3. W^e found that the middle fire-well of the three on Cove 
street appears to have a bottom of pebbles or gravel ; and 
that the bottoms of the other two are of soft mud. 

The bottoms of said fire-wells are below the bottom of the 
Cove, as it is to be, when excavated according to the specifica- 
tions, as follows : beginning with the most westerly. 



Top of mud ^Deptli Bottom of mud 

below ' of below 

Cove level, mud, Cove level, 




Schubarth & Haines. 



Providence, May 11th, 1849. 



67 



SOHUBARTII & ILilNES SUU VEY OF QUL VERTS. 

The 'following levels shows the comparative height between 
the bottom of culvert on Exchange place and Cove street, and 
the base line which is 6.08 feet below floor of Waterman's 
store, or 6.72 feet above low water as previously established. 

Bottom of culvert at its mouth, near the Washino-ton brido-e, 
is 6.52 ft. below base, or 0.20 ft. above low water. 

Bottom of culvert, opposite middle of passenger house, is 
6.93 ft. below base, or 0.79 ft. above low water. 

Bottom of culvert built by the Stonington Railroad Com- 
pany, at the scuttle, is 4.12 ft. below base, or 2.60 ft. above 
low water. 

Bottom of culvert built by the Stonington Railroad Com- 
pany, at its outlet, is 5.40 ft., or 1.32 ft. above low water. 

Providence, April 7, 1849. 

SCHUBARTH & HAINES. 

LETTER FROM STREET COMMISSIONERS. 

[April 23, 1849.] 

The undersigned Street Commissioners have, in compliance 
with your request, examined Canal street, Cove street (Ex- 
change place), and the avenue around the basin in the cove, 
and make the following answers to the questions in order, viz.: 

1st. Canal street we find brought to grade and finished. 

2d. Cove street (Exchange place) is not fully, brought to 
grade ; it is below grade, on an average sufficient to receive 
the gravel required, 

3d. A portion of the 80 foot avenue around the basin, in 
the cove, is now in progress to completion, under the direction 
of the City Surveyor of Highways. 

Street Commissioner's Officb, 
Providence, 28d April, 1849. 

Respectfully yours, 



Asa Pierce, ""] 
Cyrus Fisher, )■ 
S. Atv^'Atek, J 



Cyrus Fisher, [>- Slreet Commissioners. 



6^ 

Book 3— page 21. 

Upon the Report this day made to the City Council by the 
Joint Committee to whom, on the 9th of April last, was re- 
ferred the communication from the Mayor recommending an 
examination on behalf of the City of the work which the 
Providence and Worcester Eailroad Company have executed 
in pursuance of the resolutions of the City Council, passed 
February 17th 1846, which communication was so referred, 
with instructions " to examine the work and report how much 
of said work is done and what alterations may be for the pub- 
he interest," 

It is 

E-ESOLVED, That said report be received and that the subject 
embraced therein be and the same is hereby recommitted to said 
Committee, with instructions to cause such examinations and es- 
timates to be made as said Committee may find necessary to a 
proper understanding of the subject and torejJort the same to the 
City Covmcil. 

[Passed May 17, 1849.] 

Book 3— page 48. 

*Upon the petition of the Providence and Worcester Railroad 
Company this day presented to the City Council, 

Resolved, That the same be received and referred to Messrs. 
Carpenter. Anthony and Shepard of the Common Council and 
alderman Whitaker to examine and report thereon. 

[Passed October 12, 1849.] 

REPORT OF THE COMMITTEE UPON TEE PETI- 
TION OF THE PROVIDENCE AND WORCESTER 
RAILROAD COMPANY. 

[Presented October 16, 1849.] 

To THE Honorable City Council : 

Your committee, to wdiom, on the 12th inst, was I'eferred, 
the petition of the Providence and Worcester Railroad Com- 

* This petition is not to l)e found in the files of the City Council, 



69 

pany, praying that their tracks, now laid, south of their freight 
depot, may remain or be relaid when the street is paved, — 

Beg leave to report that they are unanimous in the opinion 
that there should be two crosswalks laid in the following 
places, viz.: one from the north sidewalk, on Steeple street, to 
the end of the north sidewalk of the bridge built by the 
Providence and Worcester Railroad Company, to ccnnect Ex- 
change place with Canal street ; and one from the south side- 
walk, on Steeple street, to the end of the south sidewalk of 
said bridge; and that said company be allowed to let their 
rails remain on so much of the space, lying between the north 
sidewalk and their freight depot, as may be used without allow- 
ing their cars to interfere with said walk. Two of your com- 
mittee are of the opinion that the rails ought to be confined to 
the limits above described, and the other two think that there 
are no objections to their being laid as far down as they now 
are, under proper restrictions ; and as they could not agree 
upon that point they submit it to the council. 

They herewith submit a resolution in conformity to the first 
suggestion, which may be amended if the council should adopt 
the latter suggestion or any other plan. 

DANIEL E. CARPENTER, 

For the Committee. 

The report of the Committee appointed to take into consid- 
eration the petition of the Providence and Worcester Railroad 
Company, asking leave to lay or continue their rails south of 
their merchandise depot on Canal street. 

Read, Whereupon it is 

Resolved, That the same be received. 

[Passed October 15, 1849.] 

Book 3— page 49. 

Rksolved, That the surveyor of highways be and he is hereby 
directed to cause two cross walks to be laid in the following 
places, viz : one from the north sidewalk on Steeple street, to the 



70 

end of the north sidewalk of the bridge, built bj'' the Providence 
and Worcester Railroad Company to connect Exchange Place 
with Canal street, and one from the south sidewalk of Steejile 
street, to the end of the south sidewalk of said bridge, and to 
have only that part paved lying south of the north walk so laid, 
instead of laying said walks and paving, as directed by the reso- 
lution of the City Council passed on the 13th of November last. 

Resolved, That the Providence and Worcester Railroad Com- 
pany, be directed to take up all their tracks that are in the way 
of doing the work ordered by the above resolution and also by 
the resolution passed by this Council on the 13tli of November 
last, and that they be allowed to relay so much of said tracks as 
now lay l^etween their freight depot and the north crosswalk 
ordered to be laid in the above Resolution, as may be used with- 
out allowing their cars to interfere with said walk. 

Provided, however, that said Railroad Company will not allow 
their cars to remain south of said depot, except when required by 
necessity, and jirovided, also, that this Resolution shall not be 
construed so as to prevent said tracks from being taken up when- 
ever ordered by the City Council. 

[Passed October 15, 1849.] 

City of Pbovidence, 
Mayor's Office, December 10, 1819. 

Gentlemen op the City Council : — 

Inasmuch as the city charter makes it my duty " to recom- 
mend such measures as the business and interests of the city 
require," I respectfully recommend that you do, at an early 
day, take into consideration the matters pending between the 
Providence and Worcester Railroad Company and the city. 

The opinion is very general, among our citizens, that some 
modifications of the original plan are expedient. But my pres- 
ent recommendation is simply that the council decide what 
they will require of the raih'oad company ; for, if much work 
is to be done, it should be commenced early in the season, and 
if, by any chance, tlie differences of opinion be such as to re- 
quire a resort to a judicial tribunal, the sooner it is had the 



71 

better, In my judgment, wiJl it be for the interest of the city 

and the company. 

I respectfully recommend that there be no more delay than 

enoush for the members of the council to form a deliberate 

judgment. 

THO. M. BURGESS, Mayoi'. 

Book 3— page 53. 

A communication from the Mayor in relation to matters 
pending between the Piovldence and Worcester Railroad Com- 
pany and this city, 

Read, Whereupon it is 

Resolved, That the same be referred to the Mayor and Aldei'- 
man Whitaker and Messrs. Anthony, R. Mathewson and Potter, 
who are directed to meet such committee, as may be aj^pointed 
by the Providence and Worcester Railroad Company, and to 
settle all matters in dispute between the City and the Raih-oad 
Company for such pecuniary consideration as a majority of said 
Committee shall fix. 

LPassed December 10, 1849.] 

REPORT OF COMMITTEE. 
[Eecef^'ed February 11, 1850.] 

To THE Honorable, the City Council of the City of 

Providence : — 

The joint committee appointed to settle all matters pending 
between the city and the Providence and Worcester Railroad 
Company, respectfully report : — 

That they have had several Interviews with the president of 
said railroad company without being able to make a settle- 
ment. 

That, after examining the whole matter, a majority of your 
committee were of opinion that the interest of the city, and of 
the public, would be advanced by a settlement for the sum of 
twelve thousand dollars, to be paid to the city and to be appro- 



. 72 

priated to the completion of the unfinished bridge; to the erec- 
tion of the fence required when the cove promenade is com- 
pleted ; to furnishing water for protection against fire on Ex- 
change place ; and the balance, which may remain, (after re- 
serving a fund to indemnify the city for imperfections in the 
southernmost bridge}, to be expended in paving Exchange place. 

It was the opinion of your committee that said balance would 
nearly complete the paving of said place. The offer to settle 
for twelve thousand dollars was communicated to the president 
of the railroad company. 

The highest offer which the railroad company have made is 
ten thousand dollars, in monthly payments of $1000 each, 
beo'inning: on the 1st of March next. 

This offer has been fully considered by your committee, but 
there was not a majority in favor of a settlement for so small a 
sum. 

Your committee, therefore, report their proceedings, together 
with the oifer of the railroad company, and respectfully ask to 
be discharged from the further consideration of the subject. 

THO. M. BURGESS, 

For the Committee. 
Providence, Feb. 7, 1850. 

MINORITY EEPOHfT. 

To THE Honorable City Council : — 

Respectfully reports : — 

The undersigned, one of the committee appointed to settle 
all matters pending between the city of Providence and the 
Providence and Worcester Railroad Company, 

That he dissents from the opinion expressed in the report of 

the majority of said committee — that the interests of the city 

and of the public would be advanced by a settlement of said 

matter for the sum therein named, — deeming the same far too 

small. 

R. MATHEWSON. 



73 

Books— page 60. 

The Report of the Joint Camtnittee appointed to settle all 
matters pending between the City and the Providence and 
Worcester Railroad Company, 

Read, Whereupon it is 

Resolved, Tliat the same be received. 

[Passed February 11, 1850.1 

Book 3— page 60. 

Resolved, That the City Treasurer acting under the advice 
and direction of the Mayor, Alderman Whitaker and Messrs. 
Anthony, R. Mathewson and Potter, be and he is hereby author- 
ized and directed to discharge the Providence and Worcester 
Railroad Company, from all claim and demand of the city or of 
any officer or person claiming under the authority thereof, for 
any omission or neglect of said company in carrying into effect 
the specifications appended to the resolutions passed by the City 
Council on the seventeenth day of February, A. D., 1846, author- 
izing the said railroad Company to fill up a part of the cove above 
Weybosset Bridge ; on receiving from said Railroad Company, 
for the use of the City the sum of ten thousand dollars ; said sum 
to be paid into the City Treasury, in monthly payments of one 
thousand dollars each ; the first of which payments to be made 
on the first day of March next. 

[Passed February 11, 1850.] 

Books— page 61. 

Resolved, That Messrs. Davis, Bush, Mumford, Anthony, 
Manchester and Durfee, with the Mayor and Alderman Whit- 
aker, be, and they are hereby appointed, a committee to en- 
quire into and report upon the expediency of continuing the ellip- 
tical wall around the cove, from its present southwesterly termin- 
ation. 

[Passed Feb. 13, 1850.] 

10 



74 

Resolved, That the committee who were instructed to cause 
the dam to be erected at the entrance of the cove be, and they are 
hereby authorized to cause such part of the bridge to be removed 
as they think expedient, and to widen the sidewalks. 

[Passed, October 21, 18C0.] 

PETITION OF THE RAILROAD COMPANY, TO 
LAY RAILS ON DYER AND SOUTH WATER 
STREETS. 

To THE Honorable the City Council op the City 

OP Providence, at their Monthly Meeting, to be held on 

Monday, October l4th, 1850. 

The petition of the Providence and Worcester Railroad 
Company respectfully represents that said company are desir- 
ous of running; their rails from south of their freig-ht house, 
below Weybosset bridge, along the wharves on either side of 
the river, to the southerly part of the city, under such regula- 
tions and restrictions as may be imposed by your honorable 
body, and in pursuance of an act passed at the May session of 
the General Assembly, in 1848. 

And, in order to facilitate the construction of a work so im- 
portant to the interests of the city of Providence, your peti- 
tioners beg leave to suggest that a committee be appointed 
from your honorable body to direct the manner in which the 
rails shall be laid. 

The season for doing this work being far advanced, your 
petitioners will deem it a particular favor to have the immedi- 
ate action of your honorable body upon their request. 
Providence, October 12, 1850. 

Providence and Worcester Railroad Company. 

By ORRAY TAFT, President. 

Book .^-page 108.) 

Resolved, That the petition of the Providence and Worces- 
ter Railroad Company, for permission to extend their rails to the 
southerly part of the City, be received and referred to Messrs. 



75 

p. M. Mathewson, Grinnell, Earle, Knight, Carpenter, S. B. Dixr- 
fee the Mayor and Alderman Hoppin, to examine and report there- 
on. 

[Passed October 14, 1850.] 

REPORT OF COMMITTEE. 

To THE Honorable City Coukcil of the City of 

Providence. 

The committee to whom was, on the 14th instant, referred 
the petition of the Providence and Worcester Raih'oad Com- 
pany, asking permission to run their rails south of their freight 
house, below Weybosset bridge, along the wharves on either 
side of the river, respectfully report : — 

That, on the 24th day of July, 1848, permission was granted 
to lay the rails on the west side of the river. There is, in that 
grant, a verbal inaqcuracj^ and your committee present a reso- 
lution, marked A, to correct it. 

Your committee advertised, inviting citizens owning prop- 
erty on South Water street to appear before them and make 
any objections they might have. Three only persist in their 
objections, and they represent less than, two hundred feet front 
on South Water street. A portion of the owners are desirous 
that the rails be laid, but there are several who have expressed 
neither assent or dissent. 

Your committee are of opinion that the rails may be so laid 
as not materially to interfere with the use of the streets, though, 
as South Water street is but thirty feet wide, they hope the 
railroad company may succeed in inducing the owners of 
wharves to permit the laying of rails on the wharf estates. 
That, as the law stands, cannot be done, except by agreement 
of the parties interested. 

Your committee are aware that there are many citizens not 
interested in property on South Water street who are opposed 
to proceeding at this time to the granting of more privileges 
to the railroad companies but, as that opposition is not alluded 
to in any document referred to them by the City Council, your 
committee express no opinion as to its merits. 



76 

Youi committee herewith present certain resolutions, marked 
B, for the consideration of the council, the passage of which is 
recommended by a vote of the committee. 
Which is respectfully submitted, 

For the Committee. 

THO. M. BURGESS. 
Providence, October 21, 1860. 

Book 3— page 102. 

Resolved, That the report of the joint committee on the 
petition of the Providence and Worcester Railroad Company this 
day made to the City Council, together with the memorial of 
Alexander Duncan and others, relative to the subject, 
and the papers accomjDanying said report be recommitted to 
the same committee for further report ; and that said committee 
be instructed to make report at the next meeting of the City 
Council. 

[Passed October 21, 1850.1 

To THE Honorable City Council of the City of 
Providence : 

The committee to -^'hom certain resolutions and papers in 
relation to the petition of the Providence and Worcester Rail- 
road Company, for permission to lay rails to tide water, and 
the memorial of Alexander Duncan and others, in. relation to 
the same subject, were referred, on the 21st inst, respectfully 
report : — 

That they advertised their intention to hold a meeting, on 
Monday, Oct. 2nd, at which meeting many citizens attended, 
and counsel (Messrs. W. H. Potter and J. P. Knowles) were 
heard in behalf of the signers of the aforesaid memorial. 

That it was contended that, although the railroad company, 
in their petition, say that they are desirous of extending their 
rails below Weybosset bridge, along the Wharves, on either 
side of the river ; yet, inasmuch as permission to lay the rails 
on the west side was granted more than two years since, and 
the company have not accepted said grant nor laid the rails, it 
must be inferred that it is not intended to lay rails on that side 
of the river at present. 



77 • 

The committee are unanimously of opinion that such infer- 
ence is legitimate, and that the present application of the rail- 
road company is for permission to lay the rails on the east side 
onlv, without any agreement to lay them on the west side. 

The memorial of sundry citizens asks that no permission be 
given to lay rails on South Water street, excepting on con- 
dition that the railroad company lay them on West Water and 
Dyer streets, tor which permission has already been given. 
The propriety of imposing such a condition is argued from an 
expected enhancement of the value of the wharf estates on 
the east side, if the rails are laid there only, and a correspond- 
ing depreciation of those on the west side. 

The committee think that the extension of the rails will have 
a tendency to increase the value of the wharves near which 
they pass, and especially will make them more convenient for 
transactions in coal, lumber, and heavy merchandise, intended 
for transportation on the railroads. 

But a majority of the committee were of opinion that the 
council ought not to prevent an Improvement simply because 
its benefits would not be felt in every part of the city ; and 
that, in this case, the Important question is whether the rails 
can be so laid as to be useful to the public without interfering 
with the use of the highways. The committee think they can 
be so laid, and, accordingly, report the resolution without 
amendment. 

The committee present a communication from David Barton, 
Esq., in relation to a desirable improvement connected with 
laying the rails on the west side, and a statement handed in, 
showing the length of wharf fronts between Weybosset 
bridge and the Steam Mill. 

Which is respectfully submitted. 

For the Committee. 

THO. M. BUEGESS. 

Providence, November 4, 1850. 

MIxNORITT EEPORT, 

To THE Honorable City Council : — 

The undersigned members of the committee to whom was 



T8 

referred the petition of the Providence and Worcester Rail- 
road Company, asking permission to extend their raila from 
their freight depot down on either side of the river (which, of 
course, means South Water street, they having had permis- 
sion, for two years, to lay them down on West Water and 
Dyer streets), taking a different view of the subject from that 
taken by the majority, who have made a report recommending 
the granting of the prayer thereof, beg leave to state that they 
dissent from It, and that, in their opinion, If it Is granted, the 
resolution should be so drawn as to require the company to lay 
them on hotli sides. 

We have a memorial before us, with some seven hundred 
and fifty names attached to it, which were obtained in less than 
a day and a half ; that will give some Idea of public opinion on 
this subject, which, we think, ought not to be entirely disre- 
garded. The fact that the railroad company have not availed 
themselves of the privileges already granted them (above re- 
ferred to), is, to us, satisfactory evidence that they do not wish 
to lay them on the west side, and that, If the prayer of the 
petition Is granted unconditionally, they never will. 

It will be seen at a glance that, in proportion as the laying 
of the rails, on one side of the river, and not on the other, has 
the effect to transfer the business from the side that has no 
railroad accommodations to that which has, just in that pro- 
portion is the one benefited and the other injured ; and that It 
will have that effect, to a very great extent, we think no one 
can doubt. It will take businesss, too, that has long been 
established, and from sections where large sums have been ex- 
pended In filling land, building wharves, and deepening the 
water in the river, to afford accommodations for it, and the 
effect of such change will not be confined to the wharf estate, 
but will be felt throughout a large portion of the city. 

It would certainly be bad policy in a city like this, that is 
divided so nearly equal, where every means should be taken 
to avoid giving occasion for sectional jealousies, to perform an 
act which would cause one-half of its Inhabitants to feel that 
their interest had been sacrificed to promote that of others ; 



79 

but It may be asked if this is any reason why the railroad com- 
pany should be required to lay their rails on both sides, if 
either. We think so, because that has always been the ex- 
pectation and understanding. When the friends of the rail- 
road were soliciting subscriptions to its capital stock, one of 
the arguments used by them was that the rails would be ex- 
tended along the wharves on both sides of the river, affording 
an opportunity to transport the freight and goods landed there 
to all sections of the country through which that road and 
others that may connect with it should pass. 

Many were induced, by this means, to subscribe ; some who 
neither wanted the stock nor was able to take it ; these, to- 
gether with many other considerations, lay the company under 
obligations to equalize the accommodations afforded by the 
road, as much as they consistently can, and certainly they can 
make no reasonable objections to anything that is so manifestly 
just. 

It is said that the City Council should allow the company to 
lay their rails where they choose without dictation, and that 
they are not responsible for the consequences, but we believe 
that they are, and will be held so ; the General Assembly hav- 
ing placed the power in our hands, to be used for the public 
good, with authority to make regulations and impose restric- 
tions. 

It is also said that the company Is not able to lay rails on 
but one side. That it is short of funds we do not doubt ; but 
the real question, after all, we suppose, is whether the profits 
on the additional business, that would be secured by the exten- 
sion, would be such as to warrant the outlay. But if they are 
to be laid upon one side, why the east side ? Can they not as 
well be laid upon the other? Upon which side is there the 
most room for the landlncr of freight, and the loadlnor and un- 
loading of cars ; and upon which side would the public be the 
least incommoded ? 

These are proper questions for the council to consider. It 
was for this purpose that the power was placed In our hands, 
and it is a matter of too much importance to pass over without 



80 

giving it a thorough investigation and viewing it in all its bear- 
ings, that whatever we do may be done understandingly. 

First, then, can they be laid on the west side? And here 
we are told that there is a difficulty in getting across the 
bridges, on to West Water street ; but, on examination, we 
shall find that there are no less than four routes by which this 
can be done. One is to start at the east end of the passenger 
depot and turn something like a quarter circle on to, and pass 
over, the street in, front of the Washington building (so 
called), and thence over Weybosset bridge. But it is said 
that that is a narrow street. This we admit, but then travel 
upon it is not so great as to make it impracticable ; but if it 
proved to be so, it could be widened by driving two or three 
rows of piles, at a trifling expense, which would entirely re- 
move that objection. 

Another route that may be selected, the practicability of 
which cannot be questioned, and that is to continue the rails 
from the freight depot, down Canal street, to the southeast 
corner of Washington bridge ; thence go, upon piles, across 
the open space to the northwest corner of Weybosset bridge, 
then across Market square ; and still further, in the minds of 
many who have given attention to the subject, there would be 
no difficulty in continuing them down Canal street to Wey- 
bosset bridge, and in crossing that, by a transverse curve, to 
the same point. It is true that the height of the centre of the 
bridge offers some objections to that route, but that can, doubt- 
less, be overcome, by the curve on either side. 

Second. Upon which side of the river is there the most 
room for the landing of freight, and the loading and unload- 
ing of cars, and upon which side would the public be the least 
incommoded ? It is true that there are two narrow places in 
West Water street, but it would not be absolutely necessary 
for the cars ever to stop there, because if it was required to 
take goods from those wharves or stores, they may be stationed 
a little farther south, in Dyer street, where there would always 
be plenty of room for them. After passing West Water street, 
which is very short, we immerge into Dyer street, which is 



81 

fifty feet in and of sufficient width to admit of the rails being 
laid in the centre, and of leaving ample room for carriages to 
pass en either side. And, what is still better, lying contigu- 
ous to this street (and so nearly parallel with it that it would 
require but a very slight turn to switch on to them) are a 
sufficient number of wharves to admit of as many cars as may 
be required for all purposes, so that but few need to stand on 
the public streets while loading and unloading. How will 
this compare with South Water street, which is three-fifths of 
a mile in length to Thurston, Green & Co.'s shop, where it 
now terminates, and is, we understand, but thirty feet in 
width, including the sidewalks ? Its present condition, in the 
business hours of the day (and that is most of the time), is 
well known ; and what is its condition? On the one side 
stands a row of drays ; upon them and the thresholds of the 
stoi'e doors are laid skids, over which goods are being passed ; 
upon the opposite side stands another, taking goods from the 
wharves, which are piled up to the line of the street, leavino-, 
perhaps, just loom enough to allow one team to pass at a time 
between them ; and, if they are coming from both ways, at 
the same time, the street is entirely blocked up ; and what is 
the case in part of the street will soon be the case in the whole, 
as the city enlarges and business increases. Now, upon the 
outside of this thirty-feet street, you propose to lay a raih'oad 
track that will take up twelve feet, and then allow the occu- 
pant of every store and wharf to leave one or more cars to 
stand where their goods are to be loaded and unloaded (and 
certainly they must and will have that privilege) ; and, still 
more than that, we think tliat there must be two tracks, or 
else how can the road be used at all ? Is the train to stop, 
reaching across two or three wharves, interrupting the busi- 
ness upon them a sufficient length of time for the goods to be 
loaded and unloaded, at different places, the whole lenofth of 
the street ; or ai'e they to be dispersed up and down,vto stand 
where they may be loaded separately, throughout the whole 
day? We presume that neither would be allowed, but they, 
as soon as loaded, must be carried separately to the depot, and 
11 



82 

other cars brought down, so thai it will be necessary for them 
to be continually moving both ways, and how can this be done 
without two tracks ? We should not be deceived by the sug- 
gestion thaj; the track may be laid on private property, for it 
is idle to suppose that any part of the wharf room, which is 
already too contracted for the business required to be done 
upon it, will be relinquished to the railroad when the owners 
can have the same privileges without. Some of them make no 
hesitation in saying so now. Another thing should be re- 
membered, and that is, as it will be impossible to turn short 
enough to switch on to the wharves, separately, all this load- 
ing must be done with the cars standing in the street ; and 
when we have looked at all this, we shall have some idea of 
the scene which South Water street will then present. But 
we may be told that the water is not deep enough on the west 
side to do the business. We reply by saying that of the nine- 
teen million seven hundred and one thousand feet of lumber 
already landed, the present season, eleven million and two 
thousand were landed on the west side ; and, of the ninety-two 
thousand tons of coal landed, in 1849, sixty-two thousand and 
five hundred were landed on the west side, and these are the 
principal articles that will be transported over the road. 

Your committee have not had time to go into an estimate of 
the comparative cost of laying the rails on each side, but one 
thing is certain, and that is, that of laying them to the Steam 
Mill will be very trifling, compared to the expense of laying 
them to Fox point, or even to the present termination of South 
Water street; the distance being much shorter than either, and 
but a small portion of that being paved. 

And now, who can take an impartial view of this subject 
and not say, at once, that it is the duty of this council, if they 
are to be laid upon but one side, to insist upon that being the 
west, for certainly every argument that can be brought for- 
ward is in favor of it, and we should keep one thing continu- 
ally in view, and that is, if ihe prayer of the petition is granted 
unconditionally, the company may lay their rails upon either 
side they choose, and t!iat only, and notliing that this council 
can ever do will prevent it. 



83 

The undersigned, therefore, offer the following amendment 
of the resolution offered by a majority of the committee. 

DANIEL E. CARPENTEK, 
SAMUEL B. DURFEE, 
WILLIAM W. HOPPIN. 

Book 3— page 114. 

A Copy of a resolution pending before the General Assem- 
bly upon the petition of the Providence and Worcester Railroad 
Company, praying for a 'change of the time of holding their 
annual meeting of said Company and for authority to locate a 
certain small portion of their road : 

Resolved, That the preceding resolution now -pending before 
the General Assembly be referred to the Mayor and Messrs. Car- 
penter, Paine and Grinnell to examine tlie same and report 
whether the City Council ought to oppose the passage of the 
same by the General Assembly, and also- to examine any plans 
which the Railroad Company may exhibit to them, relating to 
the subject matter of the resolution.* 

[Passed December 9, 1850.] 
Book 3- page 124. 

Upon the petition of the Providence and Worcester Railroad 

Company, praying for permission to lay their rails through 

public streets near to the water : 

Resolved, That said Railroad Company be and they are hereby 
authorized to lay their rails either from their freight depot, along 
Canal street across the river and Market Square and down West 
Water and Dyer streets as far as said Obmpany may thiuk proper; 
or to lay rails from their freight depot along Canal street across 
Market Square and down the whole length of South Water street. 
Provided, however, that the same shall not be done unless ordered 
by a vote of the Stockholders of said Providence and Worcester 
Railroad Company, at a meeting specially called for that 
purpose, or at their next annual meeting; notice whereof shall be 
given in the Providence Daily Journal and such other papers as 
the Directors of said Railroad Compauy may think necessary, three 

* The Committee never met. See page 87. ' 



84 



weeks before the meeting at wliicli the aforegoing resolutions shall 
be presented for consideration. 

Resolved, That Messrs. Potter, Anthony and Grinnell and 
the Mayor and Alderman Whitaker be a Committee to supervise 
the work hereby authorized and to decide upon the details thereof 
and the manner of doing the same and the exact part of said streets 
and Square on which said rails shall be laid ; and that said Com- 
mittee be and they are hereby instructed to keep the grade of the 
south side of Market Squ'i^re as high as it now is and to see that 
the rails upon Canal street and Market Square be laid on such 
grades that the cars wall not run upon^heni by their own weight 
to the danger of persons passing on said street and Square ; and 
also to require said Railroad Company to use every precaution 
to make said streets and Square passable and to leave them in 
good order, and that said committee be authorized to stop the 
work and direct the Surv^eyor of Highways to take up the rails 
whenever their directions are not followed. 

Resolved, That as a condition of the preceding grant, it be 
required of said Railroad Company, that if the grade of any 
street be so altered for their convenience as to require, in the 
opinion of the street commissioners that any gangway or side- 
walk be altered said Company shall alter at their expense such 
gangway or sidewalk and shall also indemnify the owner of every 
building adjoining any altered sidewalk for such damage as the 
street commissioners shall decide to be done to any such building. 

Resolved, That if said Railroad Company shall obtain the 
consent of owners of wharves adjoining the river to lay their 
rails upon said .wharves for the whole or any part of the distance 
between Market Square and Fox Point, said Company shall be 
authorized to lay their rails across any gangways or streets which 
run to the river, under such restrictions as the Committee hereby 
appointed shall direct. 

Resolved, That said rails w^hen laid, be used under such re- 
strictions and regulations as said Committee may. prescribe, until 
further action of the City Council. Provided, that no steam 
locomotive shall run upon said rails without the express consent 
of the City Council ; and it being expressly understood that the 
City Council shall have power to permit any other Railroad Com- 
pany to run their cars on the rails hereby authorized, upon pay- 



85 

incnt to the Providence and Worcester Railroad Company of a 
reasonable share of the cost of such rails. 

[Passed January 13, 1851.] 
Book 3— page 1 34. 

Mayor's Office, ") 
Providence, March 7, 1851. j 

Gentlemen of the City Council : 

By a resolution of the Council passed on the 11th day of 
March 1850 the Surveyor of Highways vs^as instructed to fence 
in and ornament with trees a small triangle of land immediately 
north of the intersection of Exchange Place and Washinsfton 
street. A fence was erected last spring and the Surveyor has 
to-day commenced preparing the ground. 

The President of the Providence and Worcester Railroad 
Company has notified the Surveyor and myself that said Com- 
pany are about to claim the right of laying tracks upon a con- 
siderable part of said ground and that although under the 
circumstances the Company would not object to paying for the 
fence erected, yet if the City proceed to make further expen- 
ditures in ornamenting the grounds the Company woufd not be 
liable. I estimate the expense to be incurred at four hundred 
dollars and submit to the Council the propriety of directing 
the Surveyor to stop the expenditure until the City Council 
can examine the case. 

The land was originally built under the authority of the 
resolutions passed February 17,18-16, which resolutions provided 
that the Eailroad Company should not have any right to any land 
built by them south of the Canal basin, except the right to use for 
railway purposes certain portions marked on the plat for rail- 
ways and depots. 

At the time these resolutions were passed the attention of 
all interested was mainly given to the plat east of the passenger 
depot and in March, 18i7, the City Council approved the plans 
for the passenger depot, which-varied materially from the plan 
ai marked on the original plat. In January 1849, the City 



86 

Council granted this triangle of land to the New York, Provi- 
dence and Boston Kailroad Company for a depot building, but 
the Company omitted to comply with the conditions of the 
grant. 

The Providence and Worcester Railroad Company now claim 
the use of the land. 

The subject has been brought to my notice so very recently 
that I cannot say what the merits of the claim of the Railroad 
Company are : but I know that the spirit of the resolutions 
of February 1846 and the subsequent legislation has been that 
the Railroad Company shall have all the land built by them 
which they need and no more ; and that the main question is 
therefore whether the Railroad Company need the land or not. 
It is not very important whether the land is included in the 
railroad or in a narrow green if it be kept open. 

I send a plat of what the Raih'oad Company desire and rec- 
ommend that a Committee be appointed to examine the subject 
and that the surveyor be directed to suspend further proceed- 
ings until the April meeting of the Council. The work can 
be done after that date and it is not desirable to waste any of 

the city funds. 

THOS. M. BURGESS, Mayor. 

Resolved, That the within communication from the Mayor 
be referred to Messrs. Bush, Davis and S. B. Darfee and Alder- 
man Whi taker to examine and report thereon ; with power to 
consult counsel if they deem it necessary ; and that they make 
report at the next meeting of the City Council. 

[Passed March 7, 1851.] 
Book 3-xpage 142. 

The Committee to whom on the 7th inst. was referred the 

communication of the Mayor in relation to the claim about to be 

made by the Providence and Worcester Railroad Company, to 

lay rails on a portion of the vacant land north of the junction 

of Exchange Place and Washington street, report that 

they have given all the attention to the subject that the limited 

time allowed them would permit, and they would submit the 

following facts : — 



87 

At a meeting of the City Council, held on the 9th of De- 
cember last, was presented a copy of a resolution, pending 
before the General Assembly, upon the petition of the Provi- 
dence and Worcester Raih'oad Company, praying for a change 
of the time of holding their annual meeting, and for authority 
to locate a certain portion of their road ; whereupon, it was 
resolved that a committee be appointed, Avith instructions to 
examine the subject and report whether the city ought to op- 
pose the passage of the same by the General Assembly ; owing 
to a mi?apprehension, on the part of the chief magistrate of 
the city (who, by courtesy, was chairman of the committee), 
it being understood by him that the Providence and Worcester 
Railroad Company did not design to occupy any more land 
than they then occupied, he, therefore, did not think it advis- 
able to call the committee together, consequently, no action 
was had upon the subject, and the resolution, above referred to, 
passed the General Assembly, without any opposition from the 
city. 

Under the authority of this act (a copy of which is here- 
with presented), the Providence and Worcester Railroad Com- 
pany claim the right to locate their road on any portion of the 
land filled in by them, not exceeding six rods wide, and they 
now propose to lay additional rails, on land below tfieir pas- 
senger depot, that will require a strip of land six rods wide. 
The reason they assign for so doing is that the convenience of 
the present occupants require it. 

The committee, from the slight attention that they have 
been able to give the subject, do not agree with the company, 
as to the necessity of the proposed location, and think tliat the 
ultimate result of the measure will be to give the company a 
controlling power, which will be prejudicial to the public inter- 
est, and which was never intended they should have, nor should 
they be permitted to retain ; the committee would, therefore, 
recommend the passage of the accompanying resolution. 

In reference to that part of the communication in relation to 
the suspension of work ordered to be dont^ upon the aforesaid 
land, the committee are of opinion that the public interest 



88 

would not suffer by the suspension of tlie work, yet the ex- 
pediency of doing so is doubted by the committee. 

Eespectfully submitted, in behalf of the Committee, 

R W. BUSH, Chairman. 
Read, Whereupon it is 

Resolved, That the same be received, 

(Passed March 10, 1851.) 
Book 3— page 142. 

Whereas, upon a petition of the Providence and Worcester 
Railroad Company an Act was passed by the Honorable tlie 
General Assembly, at their last January Session, authorizing 
said Eailroad Company to locate a part of their railroad in the 
City of Providence not before located. 

And whereas, the location of the same as proposed by said 
Railroad Company, if carried into effect, would be, in the 
opinion of this City Council prejudicial to the interests and 
rights of the public. 

It is therefore 

Resolved, That Messrs. Bush, Hill and S. B. Durfee, the Mayor 
and Alderman Whitaker be and they are hereby appointed a 
committee in behalf of the City Council to apply to the General 
Assembly at their next Session for a repeal of said Act. 

[Passed March 10, 1851.] 
Book 8— page 212. 

Resolved, That Messrs. Hayes, Bush and Padelford and 

Alderman Knowles be a committee to inquire what action, if 

any, is necessary on the part of the City to preserve the interests 

of the public in the triangular piece of land near the west end 

of the Providence and Worcester Railroad Company's passenger 

dej^ot, and that said committee be authorized to employ counsel 

and cause such proceedings to be instituted in relation to the 

same, as they may deem proper. Said committee to report their 

proceedings from time to time to the Council. 

(Passed February 25, 1852.) 
Book 3— page 201. 

On the petition of the Superintendent of the Providence 
and Worcester Railroad Company it is 



89 

Resolved, That said Company have permission acting under 
such rules and regulations as the Board of Aldermen may pre- 
scribe, to run locomotives with cars attached, over the newly laid 
track of said Company through the streets of the City, between 
the hours of four ;;nd half past six in the morning until the first 
day of May next. 

(Passed September 13, 1852.) 
Book 3— page 405. 

Resolved, That the standing committee on city property be 
directed to report to the Council at their next regular meeting 
the terms of the permission granted to the Providence and Wor- 
cester Railroad Company under which the said Company have 
laid a railroad track across the space proposed to be occupied for 
a Market House, in conformity with a report made to this Council. 

(Passed AprU 3, 1854.) 

Approved same day. 

E. P. KNOWLES, Mayor, pro tempore,. 

Rook 3— page 407. 

The standing committee on city property report in relation 
to the terms upon which the Providence and Worcester Rail- 
road Company were allowed to lay rails over the public waters. 

EEPORT. 

The standing committee on citj' property who (by resolu- 
tion passed at the last meeting of the City Council) was re- 
quired to report upon what terms the Providence and Worces- 
ter Railroad Company were allowed to lay rails over the public 
waters and through the streets of the city of Providence, report 
that they have attended to the duty assigned them, and cannot 
find any contract, in reference to the subject, otherwise than what 
is contained in the acts of the General Assembly and the City Coun 
oil. The General Assembly, at their May session, 1848, passed 
an act, granting the City of Providence authority to allow 
any railroad company to lay rails over the public waters, and 
through the streets of said city, upon such terms as the City 
Council may deem for the public good. Agreeably to this act, 
the City Council; at their meeting, in Jan. 13, 1851, passed 

12 



90 

sundry resolutions, which is all that has any material relation 

to this subject. 

Respectfully submitted. 

R. \V. BUSH, 

For the Committee. 
Read, Whereupon it is 

Ordered, That the same be received. 

(Passed April 10, 1854.) 

Approved. E. P. KNOWLES, Mayor, pro tem. 

Book 3— page 446. 

Resolved, That the standing committee on city property be 
and they are hereby directed to enquire and report to the City 
Council, whether any of the buildings erected by the Providence 
and Worcester Railroad Company upon the land filled into the 
Cove are used for other than railroad purposes ; and if so, whether 
the same is done by virtue of any lawful right of said Company. 

(Passed August 23, 1854.) 

Approved. E. P. KNOWLES, Mayor. 

Book 4 — page 8. 

Resolved, That permission is hereby given to the Providence 
and Worcester Railroad Comnany to lay a track from their rails 
on Canal street to their passenger depot, in order to accommodate 
thereon the cars of the Providence, Warren and Bristol Railroad 
Company and that said track be laid under the direction of Alder- 
men Bowen and Manchester and Messrs. Lester, Angell and Lin- 
coln. 

(Passed July 9, 1855.) , 

Approved. JAMES Y. SMITH, Mayor. 

Book .5— page 70. 
The standing committee on city property, to whom 
was referred the resolution of the City Council passed June 1, 
1863 in relation to the erection of buildings on the lands 
filled into the Cove, and which have not been placed there by 
competent authority, report the following : 



91 

On the land occupied by the Providence and Worcester 
Railroad, a building of wood, about 50 x 20 feet used for an 
ice depot, and a horse shed about 12 x 18 feet. 

On the Stonington Railroad, two additions to the engine 
house, one about 40 x 20 the other about 70 x 50 feet, about 
14 feet high built of brick and corresponding with the main 
buildinfrs : also two wooden buildings, one about 70x25 the 
other about 100x20 feet used for repair shops, and an addition 
of about twenty feet has been added to the freight depot. 

On the Providence, Hartford and Fishkill Railroad, a wooden 
building about 30x20 feet, one story. 

On the Boston and Providence Railroad a horse shed about 

60x10 feet. 

PHILIP CASE, for the Committee. 

Read, Whereupon it is 

Ordered, That the same be received. 

[Passed July 13, 1863. ] 

Approved July 14, 1863. 

JABEZ C. KNIGHT, Mayor. 

Book 5 — page 71. 

Providence and Worcester Railroad Company, ) 

Superintendent's Office, j 

Providence. June 8, 1863. 
To THE City Council of the City of Providence : 

Gentlemen, The Providence and Worcester Railroad Com- 
pany respectfully ask permission to extend their engine house 
by adding thereto twenty feet. Said addition to be placed 
upon the east end thereof and to be made of brick to conform 
to the present building. Also to build of brick a small 
addition upon the rear of said engine house about twenty feet 
square by about fifteen feet high to be used for an oil room. 

Very respectfully &c. 

S. H, TABOR, Supt. 
Recommended. 

P. CASE, for the Committee on City Property. 



92 

Read, Together with the report of the Committee thereon, 
whereupon it is 

Ordered, That the prayer thereof be granted. 

(Passed July 13, 1863.) 

Approved July 14, 18G3, 

JABEZ C. KNIGHT, Mayor. 

PHOVIDENCE AND '^VORCESTEE, RAILROAD COMPANY, ) 

Superintendent's Office, Providence, June 8, 1863. j 

To THE City Council of the City of Providence ; 

Gentlemen : The Providence and Worcester Railroad Com- 
pany have caused to be erected a building of brick adjoining 
their repair shop to be used as a boiler house, instead of the 
one now occupied by them for the same purpose. In the new 
building it is proposed to place two cylinder boilers 24 feet long 
by 30 inch?s in diameter to be used in operating the repair 
shop of said company. Also the said Railroad Company have 
permitted the Providence Ice Company and Messrs. Earl 
Carpenter & Sons to erect buildings near the freight house of 
this Company to be used to store ice for a few weeks while it 
may be necessary to transport ice from Worcester. 

By inadvertence the proper preliminary steps were not taken 
and the said Providence and Worcester Railroad Company now 
respectfully ask your honorable body to sanction what has been 
done, and also if necessary to grant permission to place boilers 
as aforesaid in the new boiler house, to be used in place of the 
old ones now in use. 

We beg to state that the buildings to accommodate the ice 
traffic will be removed as soon as the season closes. 

Very respectfully, &c. 

S. H. TABOR, Supt. 

Recommended so far as relates to the erection of the building 
of brick adjoining the repair shop and the placing of the two 
cylinder boilers twenty-iour feet long and 30 inches in diame- 
ter in the building. 

P. CASE, for Committee on city property. 



93 

Read, Together with the report of the Committee thereon : 
whereupon it is 

Ordered, That the prayer of said petition be granted so far as 

the same relates to the erection of the building of brick, adjoining 

the repair shop ; and also so far as the same relates to the placing 

of two cylinder boilers 24 feet long and 80 inches in diameter in 

said building. 

(Passed July 13, 18(53.) 

Approved July 14-, 1863. 

JABEZ C. KNIGHT, Mayor. 

Book 5— page 227. 

Resolutions relating to the Providence and Worcester Rail- 
road Company. 

Resolved, That from and after the first day of January, A. D. 
1865, the Providence and Worcester Railroad Company shall pay 
into the City Treasury of the City of Providence, the sum of 
two thousand dollars per annum for the privilege of using the 
streets of said city for the purposes of their railroad, the same to 
be paid in equal quarterly payments on the last days of March, 
June, September and December in each and every year, and the 
said Company shall also keep and maintain in good order and condi- 
tion by paving,'re-paviug,and repairing whenever necessary, at their 
own cost and expense,the streets occupied by their rails,so that said 
streets may be safe and convenient to travelers with their teams, 
carts and carriages at all seasons of the year, and to the satisfac- 
tion of the Surveyor of Highways of said city, acting under the 
advice and direction of the Standing Committee on Railroads of 
the City Council ; and the said Railroad Company shall also at all 
times hereafter, defend, keep harmless and indemnify the city of 
Providence, of and from all damages, costs and expenses, to 
which said City may be subjected or made liable by any proceed- 
ings at law, or in equity, or otherwise growing out of the use of 
either of the streets of said City by said Railroad Company for 
the purposes ol: their railroad. 

Resolved, That the said Raih'oad Company be and they are 
hereby required to accept the terms and conditions of the above 
resolutions, and agree in writing to be bound by the same and to 



94 

file said acceptance'and agreement in the office of the City Clerk 
of said city, on or before said first day of January, A. D, 1865. 

(Passed November 28, 1864.) 

Returned to the Common Council, by the Mayor December 
12, 18(34, without approval. 

Book 5— page 302. 

MESSAGE FROM THE MAYOR 

Mayor's Office, ) 

Providence, August 14, 1865. f 

Gentlemen of the City Council : 

The Providence and Worcester Railroad Company, in the 
location of their buildings upon the property recently purchased 
by them on South Water street, have closed certain public 
gangways belonging to the city, and have also placed their 
platform scales upon Transit street in such a manner as to 
effectually cut off all approach to the water by our fire appara- 
tus for a very long distance. 

I forward with this a copy of a letter upon the subject which 
I addressed to the Superintendent of the road in June last to 
which no reply has been made. 

THOMAS A. DOYLE, Mayor. 

Mayor's Office, 
Providence, June 26, 1865. 

Dear Sir : — My attention has been called to the fact that you 
are erecting permanent buildings over and upon certain high- 
ways belonging to the City oi Providence. 

Permit me also to again remind you that you have located a 
platform scale upon Transit street. 

Respectfully, &c., 

THOMAS A. DOYLE, Mayor. 

S. H. Tabor, Esq., 

Supt.,P. & VV.R. R., Prov. 



95 

Read, Whereupon it is 

Okdered, That the same be referred to the Standing Commit- 
tee on Highways. 

(Passed August 14, ISGo.) 

Approved the same day. 

THOMAS A. DOYLE, Mayor. 

Book 6— page 21. 
AN ORDINANCE PERMITTING THE PROVIDENCE AND WORCES- 
TER RAILROAD COMPANY TO LAY THEIR RAIL TRACK IN 
SOUTH WATER STREET. 

It is ordained by the City Council of the City of Providence^ as 
follows : 

Section 1. Permission is hereby granted to the Providence 
and Worcester Railroad Company to extend their rail track 
over that portion of South Water Street recently laid out, and 
across India street to connect with the track of the New York 
Steamship Company ; provided, that said track be laid under 
the supervision and direction of the standing committee of the 
City Council on railroads, and subject to all the conditions, 
relative to keeping streets in repair, as are contained in the 
several ordinances relating to said railroad and to the sev- 
eral horse railroad companies. 

(Passed in Common Council, August 12, 1867.) 
(In Board of Aldermen, September 11, 1867.) 
Approved the same day. 

THOMAS A DOYLE, Mayor. 

(See Book of Ordinances, No. 3, page 26.) (Revised City 
Ordinances, page 365.) 



I 



I 



COPIES 

FROM THE RECORDS OF THE QlTY COVNOIL OF THE CITY OF 
PROVIDENCE RELATIVE TO THE NEW YORK, PROVIDENCE AND 
BOSTON RAILROAD COMPANY, AND THE BOSTON AND PROVI- 
DENCE RAILROAD COMPANY. 



Book 2— Page 397. 

Resolutions giving the consent of the city council of the city 
of Providence to the construction of a railroad by the New 
York, Providence and Boston railroad company, into and 
through a part of said city, pursuant to an act passed by the 
general assembly at their October session a. d. 1846, entitled 
"An act in addition to, and amendment of, 'An act to incor- 
porate the New York, Providence and Boston railroad company' 
and the acts in amendment thereto. " 

Resolved, That the report of the committee to whom' was re- 
ferred on the 7th of Juue last, the petition of the New York, Provi- 
dence and Boston raih'oad company, be and the same is hereby ac- 
cepted, and that the city clerk is hereby directed to record the same 
with the accompanying plat marked D, and the petition to which said 
reports refer and the plat accompanying said petition. 

Resolved, That this city council do hereby consent to the con- 
struction of said railroad from the point named in said petition as 
about 2000 feet southerly from J. Waterman & Go's factory, to con^ 
nect with the railroad belonging to the Providence and Worcester 
railroad company, upon the following conditions. 

1. That where said railroad intersects High street, Broadwaj* and Atwell's 
avenue respectively, bridges shall be constructed to carry said highways and 
streets over said railroad, which bridges shall be of the same width as said 
st;reets, (unless the board of aldermen shall consent to a le-ser width) and 
shall be fully equal in construction and workma^i.ship, to the bridges in the 
north part of the city constructed over the Providence and Worcester rail- 

13 



98 

road, which bridges sahll be maintained by the said railroad company as 
long as their railroad shall exist. The grades of said streets and bridges 
shall be determined by the board of aldermen. 

2. The board of aldermen may at any time, authorize proprietors of land 
adjoining the railroad, to lay out roads or streets across said railroad in this 
city, and to build where needful, good substantial bridges over the railroads, 
of such construction as other bridges are 'built over said railroads, and if in 
any highway that shall be constructed or established crossing said railroad, a 
bridge be constru-ited upon the same over said railroad, the New York, 
Providence and Boston railroad company shall maintain such bridges after 
such highway is received by the city ; and if highways be so constructed or 
established crossing the railroad upon its grade, the New York, Providence 
and Boston railroad company shall use such precaution, in maintaining gates 
or otherwise, as the board of aldermen shall from time to time decide to be 
proper for the protection of travellers on the highway. 

Said New York, Providence and Boston railroad company shall also build 
and maintain a fence on each side of the railroad within the city, whenever 
said board of aldermen shall so require, and of such construction as said 
board of aldermen shall direct, and shall erect one or more foot bridges over 
their road if required by said board so to do. 

3. From the shore near to Carpenter's Point to the northwesterly line of 
the embankment to be erected by the Providence and Worcester railroad 
company, the railroad and accommodations for cars shall be constructed, in 
conformity to the before named plat ; and the New York, Providence and 
Boston railroad company shall construct from the shore at Carpenter's Point, 
to point •' O," a substantial wall to protect their embankment, and at least 
two feet higher than high water mark, and from point "O" to point L and 
thence on the curve delineated to point "A" a wall similar and equal to 
that which the Providence and Worcester railroad company are erecting 
around the other parts of the cove, and shall continue the culvert constructed 
by said Providence and Worcester railroad company, of the same size and fin- 
ish to the cove at said wall from " O " to " L," and shall cause the area con- 
tained between the outside walls and the line delineated on said plat as the 
southerly and westerly side of Cove street, to be filled up so that the land 
shall grade from their railroad to the cove, and to Cove street in such manner 
as the street commissioners may direct, and if the mud in the cove shall be 
raised by the filling of said area, the railroad company shall cause it to be 
excavated so as to leave the surface as low as it now is. Such culverts as the 
board of aldermen may deem necessary to convey the M-ater from Cove street 
to the cove under the railroad, shall be constructed by the railroad company. 

4. That upon the land filled in by the Providence and Worcester railroad 
company, such rail tracks may be laid with the approbation of the board of 
aldermen as may be convenient to connect with the depots and tracks here- 
tofore authorized to be built and laid by the Providence and Worcester rail- 
road company provided that said rail tracks shall not be laid over any part 
of any contemplated streets. 

5. That the New York, Providence and Boston railroad company shall be 
authorized to construct convenient buildings for car houses upon the laud . 
between their wall and Cove street as delineated on said plat west of a con- 
tiuuatioa of the north liue of Sabin street, the plans and matftrials of which 
buildings shall be approved by the city council before they are erected. 



/ \ 




D 



t CITY COUr*CIL PAjStO THIS DAI fiRANTINu to 
N DlfOT VfOH A fOUTlON Of Tut LAND COVCRtD 



RT fABOOlt . tttliK < 
AT L bllENC bit«k , 






99 

Rrsolved, That all the land- which mny be filled upon public 
waters, by virtue of these resolutions sh^U be for public high waj'^s 
and other public uses ; excepting th^t the needful railroad tracks 
may be laid, and the buildings before named constructed thereon ; 
and nothing herein shall be construed to pi'event the constituted 
authorities from laying such highways on said land as public con- 
venience may require, without paying damages therefor ; neither do 
these resolutions authorize the taking of private property in any 
other way than is by law provided, nor shall they be understood to 
impair in any way the right of the general assembly of this state, or 
of the city council of this city, to permit the construction of any 
other railroad entering the westerly part of this city and crossing the 
land south of the line from point " O " to " L " in such way as not 
to interfere with the rails of the New York, Providence and Boston 
railroad company, but such right is expressly reserved; and in case 
any part of the land hereby granted shall cease to be used for rail • 
road purposes it shall become public land to remain open forever. 

Resolved, As a condition of the preceding grant, that the board 
of aldermen of the cit}^ shall have a right to regulate the speed at 
which the locomotives may pass on the New York, Providence and 
Boston railroad, through the compact part of the city, and across any 
public highway in this city. ^ 

Eesolved, That these resolutions shall become null and of 
no effect whatever, if the New York, Providence and Boston railroad 
company do not, within four months from their passage accept the 
terms therein provided, and erect, construct and complete all of the 
work and constructions of every description herein described, before 
the first day of December, a. d. 1848. 

[Passed September 17, 1847.] 

Book 2— page 400. 

The petition of the New York, Providence and Bostoii rail- 
road company, granted this day. 

To THE CxrY Council of the City of Providence. 

Respectfully represent the New York, Providence and Bos- 
ton railroad company, that the general assembly at their Octo- 
ber session a. d. 1846, passed an act entitled " An act in ad- 
dition to, and amendment of an Act entitled ' An act to incor- 




PLOT 

I'KOviDENCE COVE 



100 

porate the New York, Providence and Boston railroad company, 
and the act in amendment thereto," by which the said New York, 
Providence and Boston railroad company were authorized to 
locate, lay out and construct a railroad, commencing at any 
point of their railroad as now located and constructed within 
six miles of their present depot in the city of Providence, thence 
to and upon the cove in the city of Providence in such place 
and manner as to enable them to connect their railroad with 
the railroad of the Providence and Worcester railroad company 
or with the railroad of the Boston and Providence railroad com- 
pany, upon said cove, as by said act will appear. 

]^y the llth section of said act it was provided "That 
nothino; in the act contained should be construed to authorize 
said corporation to carry said railroad into or through the city 
of Providence, without having first obtained the assent of the 
city council of said city of Providence and upon such conditions 
as said city council shall prescribe. And said corporation would 
represent that they are now desirous of extending said railroad 
and makins: said connection with said Worcester and Provi- 
dence and said Boston and Providence railroads ; and for that 
pu]*pose they propose to lay out said connecting branch, com- 
mencing at a point of their railroad about two miles and three- 
quarters south of their present depot, running from thence in a 
northwesterly direction to the line of the city of Providence, 
entering said city about two thousand feet south of the Water- 
man factory at Olneyville, thence crossing High street, Broad- 
way and Atwell's avenue and running to and upon the cove in 
the course and direction indicated upon the jjlat herewith pre- 
sented. And they would further represent that they will be 
obliged to erect an engine house and machine shop contiguous 
to the termination of their road ; and for the purpose of obtain- 
ing land therefor, they propose to fill so much ot said cove as 
they have marked upon the accompanying plat and of erecting 
buildings similar in construction to those represented upon said 
plat. They respectfully request, that your honorable body may 
take as immediate action upon the subject as practicable and 



101 

grant to them the privileges which they ask and the assent con- 
templated by their said act in incorporation. 

New York, Providence and Boston railroad company, 

By ELISHA PECK, President. 
The plat is recorded in Book of Plats No. 2, page 15. 

Book 2— page 404. 

To THE City Council of the City of Providence. 

The New York, Providence and Boston railroad company 
respectfully represent, that their own, and the public conven- 
ience will require that a freight and passenger house should be 
erected as near the compact and business part of the city as is 
practicable ; and they would further represent, that they have 
obtained the assent of the Providence and Worcester railroad 
company to erect a building for that purpose upon land which 
has been by them filled in, and which is represented upon the 
plats herewith presented. 

They therefore respectfully request your honors to grant 
them permission to erect a building for the purpose aforesaid 
upon said land; and they as in duty bound will ever pray. 

Providence, November 8, 1847. 

New York, Providence and Boston railroad company, 

By NATHAN F. DIXON, a Director. 

Eead, Whereupon it is 

Resolved, That the same be received and referred to aldermeu 
Knowles and Whitaker and Messrs. P. M. Mathewson, Patten, 
A. C. Mathewson, Williams, Carpenter and J. O. Waterman of the 
common council to examine and report thereon. 

[Passed November 8, 1847.] * 

REPORT. 

The committee to whom was referred, on the 8th of Novem- 
ber, ult, the petition of the New York, Providence and Boston 
Kailroad Company, praying the consent of the city for them to 
erect a freight and passenger house upon the land filled in 



102 

upon the cove by the Providence and Worcester Eailroad Com- 
pany, unanimously report that said petition, in their opinion, 
ouo-ht not to be granted ; — because the future wants of the 
rapidly increasing population and business of the city forbid 
that the public land should be appropriated and used, except 
public necessity absolutely requires it. That, at the time of 
the o-rant to th e Providence and Worcester Railroad, to fill in 
upon the cove, it vv^as expressly understood that the present ap- 
plicants should be accommodated, together vv'ith the Providence 
and Boston Railroad Company, in a passenger depot, and the 
plan of a track was laid out, on the plan adopted, through the 
latter depot, for that purpose, which will be useless for any 
other. That these applicants, for the reasonable sum of $500 
per year, for five years to come, are offered ample accommo- 
dations by that company, for such depot ; and that, for a 
freight depot, a liberal appropriation of land has already been 
made for these applicants, as convenient as that of the Provi- 
dence and Boston depot, on the cove land. 

WM. S. PATTEN, 

For the Committee. 

To the Honorable, the City Council, Providence. 

[December 13, 1847.] 
Book 2— Page 409. 

Extract from the minutes of a meeting of the board of direc- 
tors of the New York, Providence and Boston railroad, held 
January 7, 1818. 

"WHEiiEAS, The comiuou council of the city of Providence did on the 17th 
September last pass certain resolutions prescribing the conditions on which 
the New York, Providence and Boston i-ailroad company might construct a 
branch railroad to and upon the cove in tlie said city ; and whereas it is 
therein proyided that said resolutions shall become null and void if they are 
not accepted by said company within four months from their passage and al- 
though this company is of opinion that thw fact of its having commenced the 
construction of said railroad is of itself, a full acceptance of the terms of said 
resolutious, yet lest a more formal acceptance should be deemed proper by 
said common council, 

It is hereby, 



103 

Resolvp:d, That the terms and conditions contained in said reso- 
hitions of 17 September last be and the same are hereby accepted. 

James Rintodl, Clerk. 



{'■ 4 



Read, Whereupon it is 

Resolved, That the same be received and recorded. 

[Passed January 10, 1848.] 

[Book 2— Page 442.] 
To THE Ho?10RABLE CiTY COUNCIL OF THE CiTY OF PROVI- 
DENCE. 

The New York, Boston and Providence railroad company 
being desirous of erecting a car house immediately, herewith 
submit a plan of the same, and a plat of the lands showing its 
location. 

Your petitioners therefore respectfully ask the approval of 
said plan, and consent for the building to be erected in con- 
formity therewith. 

A. S. MATHEWS, 

For,N. Y., B. & P. R. R. Co. 

Providence, May 8, 1848. 

Read, Whereupon it is 

Resolved, That the same be received and referred to Messrs. 
Baker, Patten, A. C. Mathewson, Williams, Carpenter and J. O. 
Waterman of the common council and the Mayor and alderman 
Whitaker to examine and report thereon. 

[Passed May 8, 1848] 
Book 2— page 444. 

To THE Honorable City Council of the City of 
Providence. 

The undersigned to whom was referred the petition of the 
New York, Providence and Boston railroad company praying 
for the approval of the plan and location of a car house, re- 
spectfully report, that they recommend that said plan and loca- 



104 

tion be approved and that the accompanying resolution be 

passed . 

For the Committee, 

THOMAS M. BUR(^ESS. 
Read, Whereupon it is 
E.ESOLVKD, That the same be received. 

[Passed May ] 2, 1848.] 

Resolved, That the plan and location for a car house (to be 
built of wood) presented to the city council by the New York, 
Providence and Boston railroad company be and the same are 
hereby approved and the city clerk be, and he is herebj' directed 
to certify said plan and to record on the plat of the grant to the 
said railroad company now in his office, the location of said 
building. 

[Passed May 12, 18i8.] 

MEMORIAL 

To THE City Council of the City of Pj^ovidence. 

The ISew York, Providence and Boston Railroad Company 
respectfully represent that they are desirous of erecting an en- 
gine house upon land, by them filled, upon the cove ; the plan 
of which building, together with a map, showing the desired 
location of the same, is herewith presented. 

They would also represent that their own and the public 
convenience will require that a freight and passenger house 
should be erected, as near the compact and business part of the 
city as is practicable ; and they would further represent that 
they have obtained the assent of the Providence and Worces- 
ter Railroad Company, to erect a building, for that purpose, 
upon land which has been by them filled in, and which is also 
represented upon the accompanying plat and marked " Ston- 
ington depot.' 

They, therefore, respectfully request your Honors to author- 
ize them to construct and erect aaid engine house upon the plan, 
and in the place, marked upon said plats. They also request 
your Honors to grant them permission to erect a building, for 



105 

the purpose of a freight and passenger depot upon said land, 
marked upon said plat as the Stonington depot, and filled in 
by said Providence and Worcester Railroad Company, as afore- 
said ; and they, as in duty bound, will ever pray. 

New York, Providence and Boston Railroad Company, 

by NATHAN F. DIXON, a Director.' 
Providence, August 7, '1848. 
Book 2 — page 474. 

Resolved, That so much of the memorial of the New York, 
Providence and Boston railroad company, as requests permission 
to erect a depot building on public land filled in by the Provi- 
dence and Worcester railroad company, be and the same is here- 
by referred to the Mayor and alderman Whitaker and Messrs. 
Baker, Shej^ard, A. C. Mathewson, Walcott, Caqjenter and Pot- 
ter of the common council to examine and report thereon. 

[Passed August 14, 1848.] 

REPORT 

To THE Board of Aldermen of the City of Provi- 
dence. 

The committee to whom was referred the memorial of the 
New York, Providence and Boston Railroad Company, respect- 
fully report: — 

That they, with a part of the members of the Common 
Council, who have heretofore acted upon committees appointed 
to consider matters pertaining to the railroads, have considered 
the application for permission to erect buildings, and they re- 
commend approving the plan for the engine house, which is in 
conformity with the original understanding. 

As the request for permission to erect a depot building is one 
which has never received any action of the City Council, your 
committee recommend that the question of reference be decided 
by concurrent vote. 

Which is respectfully submitted. 

THO. M. BURGESS, 

For the Committee. 

Providence, August 14th, 1848. 

14 



106 

Book 2— page 474. 

Resolvkd, That the plan and location for an engine house (to 
be bnilt of brick) presented to the city council by the New York, 
Providence and Boston railroad company be and the same are 
hereby approved, j^rovided the laying of rails to connect the en- 
gine house and the main railroad be done under the direction of 
the board of aldermen. 

Resolved, That the city clerk be and he is hereby directed to 
certify said plan and to record on the plat of the grant to said 
railroad company now in his oflfice the location of said building. 

[Passed August 14, 1848. J 
Book 2— page 493. 

Upon the request of the New York, Providence and Boston 
railroad company, for permission to build a depot building on 
the land filled into the cove, northerly from Cove street and Ex- 
change place. 

Resolved, That permission be, and is hereby given to said rail- 
road company to erect a freight and passenger depot building 
two hundred feet long and fifty feet wide, upon the land east of 
Cove street and north of a line in continuation of the northerly 
line of Washington street, as shown upon the plat reported by 
the committee, which building shall be in materials, style and fin- 
ish equal to the freight depot of the Providence and Worcester 
railroad company. 

Provided, That said railroad company shall before they com- 
mence the erection of said building, jjay to the city treasurer of 
this city six thousand five hundred dollars to be appropriated un- 
der the direction of the city council, to the making a connection by 
bridges and causew^ay, or by bridge only, between the land at or 
neai' the foot of Sabin street and the land near the state prison. 

Resolved, That if said building be not commenced by the first 
day of July next, and the work prosecuted with reasonable dili- 
gence until fully completed, the preceding resolution shall become 
null and void. 

Resolved, That nothing in these resolutions shall be construed 
to give permission to use the land on Avhich said depot may be 
built, for any other than railroad purposes, viz : a freight and pas- 
senger depot, nor to laj"- an}^ i*ails southerly or easterly of said 
proposed building; and it at any time hereafter the land or build- 




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END CLCVATioN 



i 



107 

ing shall cease to be used for sucli purpose, the same shall become 
public property, to be and remain for public use forever. 

[Passed January 19, 1849.] 
Book 5— page 143. 

Upon the petition of the New York, Providence and Boston 
railroad company, 

Resolved, That the New York, Providence and Boston rail- 
road company be and they are hereby authorized to erect on the 
land filled in from the cove, a building 225 feet long and 53 feet 
wide, for a freight house, the same to be of brick, with granite un- 
derpinning and slated roof and to be located under the direction 
of the standing committee on city property ; the consent and per- 
mission of the city council being hereby given according to the 
terms of the agreement between said company and the city. 

[Passed May 9, 1864.] 
[Approved May 11, 1'864.] 

JABEZ C. KNIGHT, Mayor. 

Book 6— page 353. 

Resolvj'.d, That permission be granted to the New York, Provi- 
dence and Boston railroad company to erect a building in ad- 
dition to their engine house, upon the cove land, for a repair shop. 
Said building to be about forty by one hundred feet on the 
ground and sixteen feet high and built of brick. 

[Passed in Board of Aldermen September 27, 1869.] 

[In Common Council November 8, 1869.] 

[Approved the same day.] 

•GEORGE L. CLARKE, Mayor. 

[November 25, 1872 ] 

Book 7— page 362, [Board of Aldermen.] 

A petition of the New York, Providence and Boston railroad 
company, asking permission to erect a one story wooden build- 
ing 37x105 feet south west of their freight house is presented 
read and referred to the joint committee on railroads. 
Boston and Providence R. R. Co. 



las 

Book 6 — page 494. 

Resolved, That permission be hereby granted to the Boston 

and Providence raih'oad company to erect a wooden addition on 

the north side of their engine house; measuring about twenty by 

thirty feet on the giound and twelve feet high ; said building to 

lemain during the pleasuie of the city council only. 

[Passed October 31, 1870.] 
[Approved the same day.] 

THOMAS A. DOYLE, Mayor. 
Book 7— page 8G2, [Board of Aldermen.] 

A petition of the Boston and Providence railroad company, 

asking permission to erect a one story wooden building 50x100 

feet near Smith's bridge, is presented read and referred to the 

commissioners of the cove lands. 

[November 25, 1872.] 

To THE Honorable City Council of the City of 
Providence :• 

The Boston and Providence Railroad Corporation respect- 
fully represents, that said corporation desires to extend its car 
house, in said city, northerly, one hundred and forty feet (140), 
at the same height and width as at present, and respectfully 
ask for permission so to do. 

Boston and Providence Railroad Corporation, 

by H. A. Chace, Supt. Trans. 
Approved : 

THOMAS A. DOYLE, ^ ^ 

JAMES Y. SMITH, [ Oommunon.rs of the 

WILLIAM BINNEY, J ^''''^ ^''*''^^- 

Book 7— page 415, [Board of Aldermen.] 

The petition of the Boston and Providence railroad asking 
permission to enlarge their car house northerly about 140 feet 
is taken from the table read and granted. 

[March 20, 1873. ] 



COPIES 

FROM THE RECORDS OF THE CITY COUNCIL OF THE CITY OF 
PROVIDENCE RELATIVE TO THE HARTFORD, PROVIDENCE AND 
FISHKILL RAILROAD COMPANY. 



(Books— page 202.) 

EKSOLUTIONS, 

Of the City Council of the City of Providence consenting 
to the construction of a railroad by the Hartford, Providence 
and Fishkill railroad Company, into and through a part of 
said city, pursuant to authority vested in said City Council, 
by laws of this State, and especially by " An act in addition 
to an Act relative to the harbor and pubHc waters of the town 
of Providence," -and " An act to incorporate the Providence 
and Plainfield Railroad Company." 

Resolved, That the report of the Committee to whom was 
referred on the thirteenth day of October last, the petition of the 
Hartford, Providence and Fishkill Railroad Company, be and the 
same is hereby accepted, and that the City Clerk ia di- 
rected to record the same with the accompanying plat, marked H, 
and the p.etition to which said report refers. 

Resolved, That the City Council do hereby consent to the 
location and construction of the said railroad in this city, from a 
point within or near the location of the New York, Providence 
and Boston Raih'oad, whore the same enters the city about two 
thousand feet southerly fi'om Waterman's factory, in Olney ville, 
and continuing northerly and easterly, upon or along and near 
the westerly and northerly side of said New York, Providence 
and Boston Railroad, so as to connect with the railroad belong- 
ing to the Providence and Woi'cester Railroad Company, upon 
the following conditions, viz.: — 



110 

l3t. That -where said proposed railroad shall intersect High street, Broad- 
way aud Atwell's avenue, bridges of the same width of said streets respec- 
tively (unless the Board of A.ldermen shall consent to a lessor -width) shall 
be constructed by said Railroad Company, to carry said streets over said 
railroad, which bridges shall be equal in construction and workmanship to 
those which now carry said streets over the railroad constructed by the New 
York, Providence and Boston Railroad Company, which bridges shall bo 
maintained by said Railroad Company as long as their railroad shall exist. 

The grades cf said streets and bridges shall be determined by the Board of 
Aldermen. 

2d. The Board of Aldermen may at anj' time authorize proprietors of 
jand adjoining the railroad in this city, to lay out streets or highways, 
across said railroad, and to build where needful, good substantial bridges 
over the said railroad ; and if in any highway that shall be constructed or 
established, crossing said railroad, a bridge be constructed upon the same 
over saul railroad, the Hartford, Providence aud Fishkill Railroad Company 
shall maintain such bridge after such highway is received by the city, and if 
highways be constructed or established, crossing the railroad tipon its grade, 
the Hartford, Providence and Fishkill Railroad Company shall use such pre- 
caution, in maintaining gates or otherwise, as the Board of Aldermen from 
time to time decide to be proper for the protection of travellers on the high- 
ways. 

3d. That the Hartford, Providence and Fishkill Railroad Company shall 
complete the wall commenced by the City of Providence, following the curve 
of said wall as delineated on the plat accompanying these Resolutions, from 
the point where the wall now terminates, to a point 150 feet distant from the 
termination of the wall of the Cove promenade near the State Prison; which 
wall shall be built in :is good manner aud of as good materials as that part 
of the wall which the city has already finished ; and also build a wall fiom 
said termination running westerly aud parallel with the wall on the north 
side of said promenade, 130 feet in a "heavier and stronger manner, and if 
needful, upon piles so that it can be used for the abutment of a bridge ; 
thence turning aud following the curve of said wall around said basin to a 
point 130 feet westerly of the i)oint marked T on said plat, and from thence 
to the poiut on said plat, marked S, said last mentioned wall to be equal to 
the wall built by the New York, Providence and Boston Railroad Company 
for an embankment, and shall cause the area contained between the outside 
walls and the shore near to the railroad of the New York, Providence and 
Boston Railroad Company aud Carpenter's Point, to be filled up to such 
proper grade as shall corresijond to the grades which the Street Com- 
missioners of the city shall fix for the proposed streets on the laud to be tilled 
up, and if the mud in the Cove shall be raised by the filling of said area, 
the Railroad Company shall cause it to be excavated so as to leave the sur- 
face as low as it now is. 

. The culverts now built by the New York, Providence and Boston Railroad 
Company, shall be continued to tide water, and, if hereafter any other cul- 
vert shall be required to conduct the water from Cove street to the Cove, 
under the railroad, it shall be constructed by the Hartford, Providence aud 
Fishkill Railroad Company, across the land constructed by them. 

4tli. That the Hartford, Providence aud Fishkill Railroad Companv shall 
build and maintain such fences and of such materials aud patterns, on each 
side of their railroad and grounds occupied by them, as the Board of Alder- 
men may from time to time require. 



5th. That upon the land to be filled in, and on the land south and easterly of 
a line from point O to point L, on a plat of a certain grant to the New York 
Providence and Boston Railroad Company, recorded in Book of plats, No. 
2, page 15, in the City Clerk's office, such rail tracks may be laid for the pur- 
poses of connecting the railroad of the Hartford, Providence and Fishkill 
Eailroad Company, with depots, stations and tracks of their own, or of 
other railroad companies, as the Board of Aldermen may approve. 

Gth. The Hartford, Providence and Fishkill llailroad Company shall be 
authorized to construct convenient buildings, for depots, engine houses, car 
houses, and machine shops, for railroad purposes only, upon the laud to be 
filled in west of a line from X to U, and south of the proposed street, on the 
margin of tide water as delineated in said plat, first leaving the circle of 80 
feet and a street 50 feet wide, to connect with the proposed street of 80 feet, 
north of the land to be occupied by said Hartford, Providence aud Fishkill 
llailroad Company the plans and materials of which shall be approved by 
the City Council. 

Resolved, That all the land which may be filled upon public 
waters by virtue of these resolutions, shall be for public highways 
and other public uses, excepting that the needful railroad tracks 
may be laid, and the buildings before named, constructed thereon ; 
and nothing herein shall be construed to prevent the constituted 
authorities from laying such highways on said land as public con- 
venience may require^ without paying damages therefor ; neither 
do these resolutions authorize the taking of private or corporate 
property of any description, in any other way than is by la\r 
provided ; and in case any part of the land hereby granted shall 
cease to be used for railroad purposes, it shall become public land, 
to remain open forcA'er. 

' Resolved, Tlrat as a condition of the preceding grant, the 
Board of Aldermen of this city shall have a right to regulate 
the speed at which the locomotives may pass on the Hartford, 
Providence and Fishkill Railroad, through the compact part of 
this city, and across any public highway in this city. 

Resolved, That the pi-eceding resolutions shall become null 
and of no effect, if the terms thereof are not accepted by said 
Hartford, Providence and Fishkill Railroad Company, before or 
at the time of executing the agreement in relation to the ex- 
change of bonds between the city and the Railroad Company, or 
if said company do not befoi-e the first day of December, A, D. 
1853, complete the wall from the point where it now terminates 
to the corner of the abutment, build said abutment, and the 
wall on the outer side of said circle to the point 130 
feet westward of the point marked T on said plat and 



112 

fill with gravel the area between last mentioned wall 
and abutment ; or, if said comjsany do not complete 
the remainder of the walls and filling, before the first day 
of January, A. D., 1857 ; and furthermore, it is provided, that 
said company shall not have under these resolutions any right 
to erect buildings on land filled in the public waters, after the 
fii'st day of January, A. D., 1860. 

[Passed February 9, 1852.] 
Book 3— page 204. 

The Petitions referred to in the foregoing Resolutions. 
Providence, so. 
To THE Honorable City Council of the City of 

Providence : 

October 13, 1851. 

The undersigned, in behalf of the Hartford, Providence and 
Fishkill Railroad Company, a corporation formed by a union 
of the Providence and Plainfield Railroad Company, incor- 
porated by the legislature of Rhode Island, with the Railroad 
Company heretofore known by the same name of the Hartford, 
Providence and Fishkill Railroad Company, incorporated by 
the legislature of Connecticut, respectfully represent, 

That said united company has been formed in accordance 
with the powers tor that purpose granted by the charters of 
the individual companies, and with the immediate object of 
completing the unfinished portions of a line of railroad from 
Providence to the Naugatuck Railroad, in the direction of and 
with a view ultimately to its extension to Fishkill. And that 
the unfinished portions of said line constitute together 
about sixty-five miles, as follows : from Providence to the 
western line of Rhode Island about 24 miles, from thence to 
Willimantic about 29 miles ; and from Bristol to the Nauga- 
tuck Railroad, about 12 miles, and that between Willimantic 
and Bristol, the former being about 31 1-2 miles northeast, and 
the latter about 18 1-2 miles southwest of Hartford. Said 
united company now own and have in successful operation 
about fifty miles of railroad, newly built and equipped ; which 
50 miles of road now built with the 65 miles proposed to be 



113 

built, will make a continuous line of 115 miles of railway west- 
ward from Providence in the direction of Fislikill. 

That the resources to which the United Company look for 
the means of completing the said unfinished portions of said 
railroad are as follows : 

First. The said fifty miles of railroad and income therefrom 
now completed and belonging to said United Company, subject 
to a mortgage debt of about two hundred and twenty-seven 
thousand dollars ; payable at periods varying from five to ten 
years. 

Second. The monies and means to be derived from subscriptions 
made to the capital stock of said Providence and Plainfield 
Company, about five hundred thousand dollars, now payable 
to the United Company. 

Third. The monies to be derived from the issue of the 
bonds of the cities of Providence and Hartford, each to the 
amount of five hundred thousand dollars, pursuant to the 
respective votes of the electors and freemen of said cities, 
which several sums will together constitute an investment by 
said companies, of about three millions of dollars, on and for 
their said railroad. 

That by the charter powers of said United Company, the 
Directors are authorized from time to time, at a rate of interest 
not exceeding seven per cent., upon the credit of said United 
Company, to borrow from the cities of Providence and Hartford, 
such sum or sums of money as they shall deem necessary and 
proper for the construction, equipment and completion of the 
said proposed line of railroad, in any way authorized by the 
charter powers of said United Company ; and to issue in pay- 
ment of the monies which may be so borrowed, in the aogregate, 
such an amount of the seven per cent, bonds of the United 
Company, as shall not exceed one-half of the aggregate amount 
previously expended on and for their said railroad. 

And to the intent that the holders of said bonds may be at 
all times secured, in preference to all other creditors, the 
Directors have authority to mortgage to the bond-holders the 
entire road or roads by the said United Company, now owned 

15 



114 

or to be constructed, or any portion or portions of the same, 
together with all its franchises and other property, and char- 
tered rights in the two States of Ehode Island and Connecticut, 
and whether the same shall be vested in said company at the 
time of the execution of said mortgage, or afterwards ac- 
quired. 

And that by the articles of union of said companies, it is 
provided, that the city of Providence, in exchange for the bonds 
of said city, shall receive railroad bonds secured by the first 
mortgage on all that portion of the proposed railroad which 
will be in Rhode Island, if the City Council shall so require, 
as far as the same may be issued for the road in Rhode Island ; 
and in exchange for the residue of the bonds of said city, going 
to make up the said sum of five hundred thousand dollars, and 
which will be expended in extending said road towards Willi- 
mantic, said city may receive railroad bonds secured by mort- 
gage on other portions of said railrqad built and to be built. 

And the Directors of said United Company being now about 
to call in the said subscriptions to the capital stock of the 
Providencs and Plainfiekl Railroad Company, and to apply the 
same towards the construction of the said line of railroad. 

And the city of Hartford having directed the issue of bonds 
of that city to the full amount of five hundred thousand dol- 
lars, in aid of said railroad, etc., that the said bonds are now 
available for the purposes of said United Company, when and 
as they may be required. 

And more than three-fifths of the electors of this city, voting 
upon the question, having voted that the bonds of said city 
shall issue in aid of said railroad, under the authority of the 
Act of the General Assembly, in that case provided, and the 
City Council having thereby full authority to direct the issue of 
said bonds. 

The undersijrned do therefore in behalf of said United Com- 
pany, and in order that the Directors and Stockholders may 
know with certainty that said Providence City Bonds will be 
available to said Company in aid of their said enterprise, re- 
spectfully request the City Council to direct the issue of the 



115 

bonds of said city to the amount of five hundred thousand dol- 
lars, — the monies therefrom to be expended in constructing, 
equipping and completing that portion of the proposed line of 
said United Company, necessary to secure a line of railroad 
communication between Providence and Hartford, in accordance 
with the provisions of said Act of the General Assembly, and 
three-fifths vote of the citizens, and in exchange for seven per 
cent, bonds of said United Railroad Corporation, to ba secured 
by mortgage or mortgages as aforesaid. 

And to direct that the same shall be issued from time to time 
as required by the Directors of said company, during the con- 
struction, equipment and completion of their said railroad, in 
such sums as shall no' in the ao-frregate, exceed at one time, 
one-half of the aggregate amount previously expended by said 
United Company, on and for their said railroad, such previous 
expenditure to be ascertained by the oath of the Chief En- 
gineer. 

And the undersigned do request that said city bonds may be 
issued in even sums of one thousand dollars each, with interest 
certificates attached, and consecutively numbered from one to 
five hundred, and beino; after the following; form : — 

Form of Bond. 

No. Providence City Bond. $1,000. 

State of Rhode Island, Providence, July 1, 1852. 

Tliis certifies that the City of Providence is indebted to the 
Hartford,- Providence and Fishkill Railroad, in the sum of one 
thousand dollars, payable to said company, or its assigns, at the end 
of twenty-five years, from the day of 185 

with interest, at the rate of six per cent, per annum, payable semi- 
annually, on delivery of the interest warrants hereto annexed, as 
they respectively become payable until said principal sum is fully 
paid. • 

In testimony whereof and pursuant to an ordinance of said city, 
entitled '' An Ordinance directing the issue of City Bonds, pur- 
suant to an act of the General Assembly, entitled ' An Act author- 



116 

izing the City of Providence to loan its credit in aid of the Provi- 
dence and Plainfield Eailroad, and for its extension.' " 

f I, Mayor of 

I said City, hereto sub- 
I scribe my name and 
Countersigned by ■[ have caused the Seal 
Treasurer. | of said City to be 

I affixed. Dated Provi- 
[ dence, July 185 



Matoe. 
Form of Interest Certificate. 
No. Interest Warrant for thirty dollars. $30, 

On the first day of 185 , the city 

of Providence, will pay to the Hartford, Providence and Fishkill 
Railroad Company, or bearer, thirty dollars, being the half yearly 
interest on City Bond. 

No. Treasurer. 

Wm. Sprague, "^ Executive Committee of 
Henry Lippitt, ) the Board of Directors. 

Providence, ss. 

To THE Honorable the City Council of the City of 
Providence: 

October 13, 1851. 

The undersigned, in behalf of the Hartford, Providence and 
Fislikill Railroad Company, a corporation formed by a union of 
the Providence and Plainfield Railroad Company, incorporated 
by the legislatuEC of Rhode Island, with the railroad company 
heretofore known by the same name of the Hartford, Provi- 
dence and Fishkill Railroad Company, incorporated by the 
legislature of Connecticut, respectfully represent that the said 



117 

United Company are about to complete the unfinished portions 
of a line of railroad from Providence to the Nauo-atuck Rail- 
road, by way of Piainfield, Willimanticand Hartford, a distance 
about 115 miles. 

That they are informed that the title to the inclosed tri- 
angular piece of land on the northerly side of Cove street, 
and westerly of the Boston and Providence Passenger Depot, 
is in controversy between the city and the Providence and 
Worcester Eailroad Company, and that there are other claim- 
ants thereto, though in which party is the better right the un- 
dersigned are not informed ; but that the Boston and Provi- 
dence Railroad Company, claiming to own about one undivided 
third part thereof, have agreed to quitclaim in fee and without 
charge all their right and title thereto, for railroad purposes, to 
the Providence and Piainfield Company, which agreement now 
inures to the benefit of the said United Company. 

And the undersigned, believing that the said triangular piece 
of land is necessary for the uses of the said United Company, 
for their said railroad, and also that the public will derive 
more advantage from its being applied to the uses of said rail- 
road than from any other application or uses of it, they respect- 
fully request the City Council to concede all claim of the city 
thereto in behalf of the said United Company, and to allow 
and permit the same to be used for railroad purposes. 

And the undersigned, do further represent that the Chief 
Engineer, in the employ of said United Company, after a full 
and careful examination of the lands at the Providence terminus 
of said proposed railroad, has made report that it is ex- 
pedient and necessary for said United Company to obtain per- 
mission to fill up and occupy that portion of the Cove lands 
now covered by the public *waters, which is bounded southerly 
by the northerly line of the bank wall, or embankment of the 
New York, Providence and Boston Railroad Company, easterly 
by the westerly line of the street now being formed to com- 
plete the circular ornamented Cove avenue, and northerly by a 
line drawn parallel to the line of said embankment, and four 
hundred feet northerly thereof, and westerly by the shore 
along Carpenter's Point. 



118 

And the said Engineer has also reported that for the tracks 
advantageously to approach the lands so to be filled up and 
made, it will be necessary for the said United Company to ob- 
tain permisuon to occupy the certain other inclosed triangular 
piece of land, lying between the track used by said New York, 
Providence and Boston Eailroad Company, and the 80 feet 
wide ornamented Cove avenue, and the line of Sabin street. 

And the said Chief Engineer has represented it to be his 
opinion that the quantity of land to be so made, together with 
the said last mentioned triangular piece of land, is the very 
least quantity which ought to be provided, for the Providence 
terminus of a line of railroad of the length proposed and which 
promises ultimately to command so large a traffic. 

The undersigned, do therefore request the City Council to 
permit said United Railroad Company to fill up and occupy 
that portion of the Cove lands now covered by the public 
waters above bounded and described, for the erection thereon 
of such depot buildings, car and engine houses, turn tables, 
and machine shops, as may be necessary for the uses of said 
railroad, and for conveniently approaching the same ; also to 
permit them to occupy and use with their rails and tracks the 
said triangular piece of land last above described. 

And the undersigned would represent to the Honorable City 
Council, that unless the United Company is permitted to fill 
up and occupy the lands within the lines above described, said 
company will be driven to the necessity of establishing their 
machine and repair shops at some other point of the line, and 
will be subjected to great inconvenience for want of lands for 
other necessary buildings. 

And the undersigned, in behalf of the said United Company, 
respectfully request the City Council* to allow and permit the 
said Company to enter the city with their said railroad, and to 
lay out and continue and construct the same therein, at and 
from a point within or near the westerly side or portion of the 
location of the New York, Providence and Boston Eailroad 
Company, where the same enters the city about 2,000 feet 
southerly of J. Waterman & Co.'s E^ictory, and from thence 



119 

along and upon or near the westerly and northerly portion and 
side of the said location of said New York, Providence and 
Boston railroad, to such convenient point or points of connec- 
tion in the Cove, with the rails and tracks and depot and other 
buildings of the Providence and Worcester Railroad Company, 
and the other railroad companies there terminating as may be 
agreed on with the said companies, or found necessary for the 
convenient uses of said United Company's railroad. 

William Sprague, ) Executive Committee of 
Henry Lippitt. j the Board of Directors. 

Resolved, That the City Clerk be and he is hereby directed 
to cause to be made, and to place upon the records of the city a 
plat, showing the lines and points named and set forth in the reso- 
kitious passed by the City Council, tbis day, consenting to tiie con- 
struction of a railroad by the Hartford, Providence and Fish kill 
Railroad Company, into and through part of the city. 

[Passed February 9, 1852.] 

City of Providence, ) 

Mayor's Office, Providence March 8, 1852. \ 

Gentlemen of the City Council : 

I herewith send to you a communication f om the Hartford 
Providence and Fishkill Railroad Company, declining to accept 
the terms of the resolutions passed by the City Council on the 
9th of February last, accompanied by certain forms of resolu- 
tions which they engage to accept if passed by the (Jity Coun- 
cil prior to 14th day of April next ; also a copy of a vote of 
said railroad company, which papers I respectfully commend 

for your consideration. 

Thos. M. Burgess, Mayor. 

Providence, February 27th, 1852. 

To the Mayor, Aldermen and Comjion Council of 
THE City of Providence. 

The directors of the Hartford, Eijovidence and Fishkill Rail- 
road Company, believing it to be their duty to the company to 
decline the grant of lands, in the cove, proposed by the City 



120 

of Providence, upon the terms and conditions therein men- 
tioned, deem it respectful to the authorities of the city, who 
have concurred in said grant, briefly to state their reasons for 
so doing. Their objections to the grant, taken under the ad- 
vice of counsel, are : — 

First, That language is used in said grant, capable, by con- 
struction, of rendering the company liable, through all time, 
to keep the bottom of the cove at its present level, no matter 
from what cause it may be raised in height. It is perfectly 
just and proper that the company should excavate the cove, 
down to its present level, so far as it may be raised by the pres- 
sure of the walls, built by the company, for their own accom- 
modation ; or by the sand, &c., filled back of said wall, flow- 
ing through the crevices of the same, into the cove. This, as 
we understand, is all that was intended ; and they presume 
that the city can have no objection, for the j)urpose of pre- 
venting future controversy, to make the grant, in this particu- 
lar, perfectly explicit, by limiting the obligation to excavate, 
to the period of one year after the wall is completed, as the 
longest term within which such consequences, to any injurious 
extent, can accrue. 

Second, of the same character is their objection to the 
language of the grant, in relation to the laying of railroad 
tracks, on the laud south and east of a line drawn from point 
O to point L. 

The language of the grant is, as they are advised, too vague 
and indefinite, for a contract in a particular so important to 
the company, leaving the decision of what railroad tracks are 
to be laid on said land altogether at the discretion of the city. 
We respectfully suggest that the growing wants of the Railroad 
Company should, alone, control this subject. The manner of 
laying the tracks and the regulation of the use of them, for 
safety to the public, are proper subjects for police regulation, 
but what tracks are to be laid, essential to the business of the 
company, ought, in our opinion, to remain in the body to which 
the charter of the Railroad Company has entrusted it. 

Third, The right to use the land, by us reclaimed, being 



121 

restricted to railroad use only, we think it reasonable that we 
should have the rigiit to put all such buildings upon the land 
as such uses require. 

We are obliged to object, therefore, to the enumeration of 
buildings to be put on said land, contained in said grant, know- 
ing, as we do, that others will b3 necessary for the uses of the 
company. 

So, too, the restriction that we shall build no buildino-s on 
said land, however necessary and proper, for our own business, 
after 1860. This might be very proper, if our whole line of 
railroad would be completed, and its business fully developed 
by^that time, but that cannot reasonably be expected. The 
restriction will operate, therefore, either to deprive the public 
of the needful depot accommodations, at this, the most im- 
portant terminus of the road, or impose upon the company the 
onerous necessity of forthwith providing, by a large expendi- 
ture, for all possible wants of the railroad, in this particular, 
which cannot now be foreseen. Indeed, we cannot see how 
the interest of the company and the city can fairly conflict in 
this particular. 

We are willing to take the land granted by the city, sub- 
stantially on the terms prescribed by the city, but what we are 
to lime is the important term in the contract for us, as what we 
are to give or expend is the important term to the city. The 
last are perfectly definite in the grant ; the first should be 
equally so, and if we cannot have the land, by us reclaimed 
for the necessary uses of our railroad, as we can have it for no 
other use, it is plain that the grant will be of no value to us. 

We herewith present two propositions for a grant of said 
lands, one marked A, and the other B, either of which we will 
accept, and have, indeed, voted to accept, as the accompany- 
ing copy of a vote will show ; and, trusting that one or the 
other of them will prove acceptable to the city. 

We are, very respectfully, 

Hartford, Providence and Fiskill Railroad Company, 

JAMES M. BUNCE, President, 

WILLIAM W. HOPPIN, Treasurer. 

16 



122 



RESOLUTIONS 

Or THE City Council, of the City of Providence, 
Consenting to the construction of a railroad, by the Hart- 
ford, Providence and Fishkill Raih-oad Company, into and 
through a part of said city, pursuant to authority vested in 
said City Council, by laws of this State, and especially by 
" An act in addition to an act relative to the harbor and pub- 
lic waters of the town of Providence," and " An act to in- 
corporate the Providence and Plainfield Railroad Com- 
pany." 

Resolved, That the report of the committee to whom ivas 
referred, on the thirteenth day of October last, the petition of 
the Hartford, Providence and Fishkill Railroad Company, be and 
the same is hereby accepted, and that the City Clerk is directed 
to record the same, witli the accompanying plat, marked H, and 
the petition to which said rej^ort refers. 

Resolved, That the City Council do hereby consent to the 
location and construction of the said railroad in this city, from a 
point within, or near, the location of the New York, Providence 
and Boston Raih-oad, where the same enters the city, about two 
thousand feet, southerly, from Waterman's factory, in Olneyville, 
and continuing northerly and easterly, upon or along and near the 
westerly and northerly side of said New York, Providence and 
Boston railroad, so as to connect with the railroad belonging to 
the Providence and Worcester Railroad Company, upon the fol- 
lowing conditions, viz.: — 

1st, That where said proposed railroad shall intersect High 
street, Broadway and Atwell's avenue, bridges, of the same 
width of said streets, respectively (unless the Board of Alder- 
men shall consent to a lesser width), shall be constructed by 
said railroad company, to carry said streets over said railroad ; 
which bridges shall be equal, in construction and workman- 
ship, to those which now cari-}^ said streets over the railroad 
constrncted by the New York, Providence and Boston Rail- 
road Company, — which bridges shall be maintained by said 
company, as long as their railroad shall exist. The grades of 
said streets and bridges shall be determined by the Board of 
Aldermen. 



123 

2nd, The Board of Aldermen may, at any time, authorize 
proprietors of land, adjoining the raih'oad, in this city, to lay 
out streets or highways, across said railroad ; and to build, 
where needful, good, substantial bridges, over the said railroad ; 
and, if in any highway that shall be constructed or established, 
crossing said railroad, a bridge be constructed upon the same, 
over said railroad, the Hartford, Providence and Fishkill Rail- 
road Company shall maintain such bridge, after such highway 
is received by the city ; and if highways be constructed or 
established, crossing the railroa4) upon its grade, the Hartford, 
Providence and Fishkill Eailroad Company shall use such pre- 
caution, in maintainino; crates or otherwise, as the Board of 
Aldermen, from time to time, decide to be proper for the pro- 
tection of travellers on the highways. 

3d, That the Providence, Hartford and Fishkill Railroad 
Company shall have the right to fill in the area contained 
within the line drawn from point L to point R, on the plat of 
a certain grant, by said city, to the New York, Providence and 
Boston Railroad Company (being the north line of said 
grant), and a certain other line drawn parallel to, and not less 
than three nor more than four hundred feet northerly, from, 
said last named company's north line, as they may elect ; said 
area to be filled up to such proper grade as shall correspond to 
the grades which the Street Commissioners, of the city, shall 
fix for the proposed streets on the land to be filled up, and 
shall complete said filling before or during the year 1857 ; and 
shall face the north side of such filling with a well laid, sub- 
stantial and neatly finished plate wall ; and, if the mud in the 
cove, opposite the wall to be built by the railroad company, 
from T to S, shall be raised, by the weight of the wall or by 
the running in of sand, &c., used in filling, through the same, 
within the term of one year from and after the completion of 
the same, such mud shall be excavated by the compau}^, so as to 
leave the surface as low as it now is ; the culverts built by the 
New York, Providence and Boston Railroad Company shall be 
continued to tide water, and if, hereafter, any other culvert shall 
be required, to conduct the water from Cove street to the cove, 



124 

under the railroads, it shall be constructed by the Hartford, 
Providence and Fishkill Railroad Company, across the land 
constructed by them. 

4th, That the Jfartford, Providence and Fishkill Railroad 
Company shall build and maintain such fences, and of such 
materials and patterns, on each side of the railroad and grounds 
occupied by them, as the Board of Aldermen may, from time 
to time, require. 

5th, That, upon the land to be filled in, and on the land 
south and easterly ol a line fram point O to point L, on a plat 
of a certain grant to the New York, Providence and Boston 
Railroad Company, recorded in Book of Plats, No. 2, page 15, 
in the City Clerk's office ; such tracks may be laid as may be 
necessary and convenient for the purposes of connecting the 
railroad of the Hartford, Providence and Fishkill Railroad 
Company v\'llh the depots, stations and tracks of their own, 
and of other railroad companies, under the direction of the 
Board of Aldermen. 

6th, That the Hartford, Providence and Fishkill Railroad 
Company shall be authorized to construct convenient buildings 
for depots, engine houses, car houses and machine shops, and 
other buildings, necessary for railroad purposes only, on the 
land to be filled in, west of a line from X to U, and south of 
the proposed street, fifty feet wide, which is hereby reserved, 
on and along the north margin of the area so filled up by said 
Hartford, Providence and Fishkill Railroad Company, first 
leavinQ' the circle eiffhty feet wide, next to the cove, and also 
a street fifty feet wide, adjacent thereto, leading from the line 
of Sabin street to the north line of the area so filled, the plans 
and materials cf which bui'dings shall be approved by the City 
Council, before they are erected. 

Resolved, That all the land which may be filled upon public 
waters, by virtue of these resolutions, shall be for public highwaj's 
and other public uses, excepting that the needful raih'oad tracks 
may be laid, and the buildings before named constructed thereon; 
and nothing herein shall be construed to prevent the constituted 
authorities from laying such highways on said land as public con- 
venience may require, without paying damages therefor ; neither 



125 

do these resolutions authorize the taking of private or corporate 
property of any description, in any other way than is, by law, pro- 
vided ; and in case any part of the land, hereby granted, shall cease 
to be used for railroad purposes, it shall become public land, to re- 
main open forever. 

RicsoLVED, That, as a condition of the preceding grant, the 
Board of Aldermen of this city shall have a right to regulate the 
speed at which the locomotives may pas-s, on the Hartford, Provi- 
dence and Fishkill railroad, through the compact part of this city, 
and across any public highway in this city. 

In consideration of the foregoing grants, the Hartford, Provi- 
dence and Fishkill Railroad Compaiy are to pay to the 
Treasurer of the City of Providence, to be expended by said 
city, in carrying out the contemplated improvements in the 
cove ten thousand dollars, to be paid in equal annual i)ay- 
ments of two thousand dollars each, on the first day of Janu- 
ary, in each year, until said full sum of ten thousand dollars is 
paid and completed. 

B. 

resolutions. 

Of the City Council of the City of Providence, 
Consenting to the construction of a railroad, by the Hart- 
ford, Providence and Fishkill Railroad (yompany, into and 
through a part of said city, pursuant to authority vested in 
said City Council by laws of this State, and especially by 
" An act in addition to an act relative to the harbor and 
public waters of the town of Providence," and " An act to 
incorporate the Providence and Plainfield Railroad Com- 
pany." 

Resolved, That the report of the committee to whom was re- 
ferred, on the 13th day of October last, the petition of the Hart- 
ford, Providence and Fiskill Railroad Company, be and the same is 
hereby accepted, and that the City Clerk is directed to record the 
same, with the accompanying plat, marked H, and the petition to 
which said report refers. 

Resot-ved, That the City Council do hereby consent to the lo- 
cation and construction of the said railroad, in this city, from a 
point within or near the location of the New York, Providence 



126 

and Boston railroad, where the same enters the city, about two 
thousand feet, southerly, from Waterman's factory, in Olnejville, 
and continuing northerly and easterly, upon or along and near the 
westerly and northerly side of the New York, Providence and 
Boston railroad, so as to connect with the railroad belonging to the 
Providence and Worcester Railroad Company, upon the following 
conditions, viz. : 

1st, That where said proposed railroad shall intersect High 
street, Broadway and Atwell's avenue, bridges, of the same 
width of said streets, respectively (unlci^s the Board of Alder- 
men shall consent to a lesser width), shall be constructed by 
said railroad company, to carry said streets over said raili-oad, 
which bridges shall be equal, in construction and workmanship, 
to those which now carry said streets over the railroad con- 
structed by the New York, Providence and Boston Railroad 
Company, which bi'idges shall be maintained by said railroad 
company, as long as their railroad shall exist. The grades of 
said streets and bridges shall be determined by the Board of 
Aldermen. 

2nd, The Board of Aldermen may, at any time, authorize 
the proprietors of land adjoining the railroad, in this city, to 
lay out streets or highways across said railroad, and to build, 
where needful, good, substantial bridges, over the said railroad ; 
and if, in any highway, that shall be constructed or established 
crossin*'- said railroad, a bridge be constructed upon the same, 
over said railroad, the Hartford, Providence and Fishklll Rail- 
road Company shall maintain such bridge, after such highway 
is received by the city ; and if highways be constructed or 
established crossing the railroad, upon its grade, the Hartford, 
Providence and Fishklll Railroad Company shall use such pre- 
caution in maintaining gates or otherwise, as the Board of 
Aldermen, from time to time, decide to be proper for the pro- 
tection of travellers on the highways. 

3d, That the Hartford, Providence and I'lshklU Railroad 
Company shall complete the wall commenced by the City of 
1 rovldence, following the curve of said wall, as delineated on 
the plat accompanying these resolutions, from the point where 
the wall now terminates, to a point 150 feet distant from the 



127 

termination of the wall of the cove promenade, near the State 
Prison ; which wall shall be built in as good manner, and of as 
good materials, as that part of the wall which the city has 
already finished ; and also build a wall from said point, running 
westerly and parallel with the wall on the north side of said 
promenade, 130 feet, in a heavier and stronger manner, and, if 
needful, upon piles, so that it can be used for the abutment of 
a bridge ; thence turning and following the curve of said Avail 
around said basin to a point 130 feet westerly of the point 
marked T., on said plat ; and from thence to the point on said 
plat marked S, said last mentioned wall to be equal to the wall 
built by the N. Y., P. & B. E. R. Co., for an embankment, 
and shall cause the area contained between the outside walls 
and the shore near the railroad of the New York, Providence 
and Boston Railroad Company, and at Carpenter's point, to be 
filled up to such proper grade as shall correspond to the grades 
which the Street Commissioners of the city shall fix for the 
proposed street, on the land- to be filled up, and if the mud in 
the cove, opposite the wall to be built by the railroad company 
from T to S, shall be raised by the weight of the wall or by 
the running in of sand, &c., used in filling, through the same, 
within the term of one year from and after the completion of 
the same, such mud shall be excavated by the company so as 
to leave the surface as low as it now is ; the culverts now built 
by the New York, Providence and Boston Railroad Company 
shall be continued to tide water, and if, hereafter, any other 
culvert shall be required to conduct the water from Cove street 
to the cove, under the railroad, it shall be constructed by the 
Hartford, Providence and Fishkill Railroad Company, across 
the land constructed by them. 

4th, That the Hartloid, Providence and Fishkill Railroad 
Company shall build and maintain such fences, and of such 
materials and patterns, on each side of their railroad and 
grounds occupied by them, as the Board of Aldermen may, 
from time to time, require. 

oth, That, upon the land to be filled in, and on the land 
south and easterly of a line from point O to point L, on a plat 



128 

of a certain grant to the New York, Providence and Boston 
Railroad Company, recorded in Book of Plats, No. 2, page 15, 
in the City Clerk's office, such rail tracks may be laid as may 
be necessary and convenient for the purposes of connecting the 
railroad of the Hartford, Providence and Fishkill Railroad 
Company, with the depots, stations and tracks of their own 
and of other railroad companies, under the direction of the 
Board of Aldermen. 

6th, That the Hartford, Providence and Fishkill Railroad 
Company shall be avithorized to construct convenient buildings 
for depots, engine houses, car houses and machine shops, and 
other necessary buildings for railroad purposes only, upon the 
land to be filled in west of a line from X to V, and south of 
the proposed street on the margin of tide water, as delineated 
in said plat ; first, leaving the circle of 80 feet, and a street 50 
feet wide to connect with the proposed street of 80 feet, north 
of the land to be occupied by said Hartford, Providence and 
Fishkill Railroad Company ; the plans and materials of which 
shall be approved by the City Council 

Resolved, That all the laud which may be filled upon public 
waters by virtue of these resolutions, shall be for public highways 
and other public uses, excepting that the needful railroad tracks 
may be laid and the buildings, before named, constructed thereon; 
and nothing herein shall be construed to prevent the constituted 
authorities fi'om laying such highways, on said laud, as public con- 
venience may require, without pay'ng damages therefor; neither 
do these resolutions authorize the taking of private or corporate 
property of any description, in any other way than is by law pro- 
vided ; and in case any part of the land hereby granted shall cease 
to be used for railroad purposes, it shall become public land, to re- 
main open forever. 

Resolved, That, as a condition of the preceding grant, the 
Board of Aldermen of this city shall have a right to regulate the 
speed at which the locomotives may pass on the Hartford, Provi- 
dence and Fishkill Railroad, through the compact part of this city, 
and across any j^ublic highway in this city. 

Resolved, That the preceding resolutions shall become null and 
of no effect if said company do not, before the first day of Decern- 



129 ■ 

ber, A. D. 1853, complete the wall, from the point where it now ter- 
minates, to the corner of the abutment ; build said abutment, and 
the wall on the outer side of said circle, to the point, 130 feet west- 
ward of the point marked T, on said plat, and fill, with gravel, the 
area betweeu said last mentioned walls and abutment ; or if said 
company do not complete the remainder of the walls and filling 
before the Isfc day of December, A. D. 1857. 

Copy of Vote passed at a Special Meeting of the Directors of 
the Hartford, Providence and Fishkill Railroad Company, 
held at Providence (Thursday), February 26th, 1852, viz. : 

Voted, That the President and Treasurer be authorized, in 
behalf of this Company, to accept resolutions of the City 
Council of the City of Providence, consenting to the construc- 
tion of the railroad of this company into and through a part 
of said city, upon the terms, conditions and provisions of the 
the resolutions heretofore passed, by said City Council so 
varied and modified as to correspond with either set of the 
resolutions herewith submitted, marked A and Ji, provided thsit 
the Treasurer of this Company is notified of the acceptance of 
one set of said resolutions on or before the IStk day of Aj^ril 
next, — which documents, so submitted, are hereby directed to 
be signed by the President and Treasurer, and placed on the 
files of this Company. 

A true copy, 
Attest : 

H. LIPPITT, Secretary, pro tern. 

Read, "Whereupon, it is 

Resolved, That the same, together with the accompanying 
papers, be referred to Messrs Pabodie, Padelford, Haj-es, Knight, 
Carpenter and Stone, and the Mayor and Alderman Whitaker, to 
examine and report thereon. 

[Passed March 8, 1852.] 

REPORT ON THE FOREGOING COMMUNICATIONS. 

To THE HONOKABLE, THE CiTY CoUNCIL, OF THE CiTY OF 
pROVIDElSrCE : 

The committee to whom was referred, on the 8th inst., a 
commnnlcation from the Hartford, Providence and Fishkill 
17 



130 

Railroad Company, with certain accompanying forms of reso- 
lutions, respectfully report : — 

That they have examined said resolutions and regret that 
they are unable to commend them to the -favorable consider- 
ation of the City Council. 

The form of resolutions marked A, contains a plan for the 
city to receive a sum of money in lieu of work to be done in 
improvements by the railroad company. The committee dis- 
like the plan and do not think it entitled to any consideration 
by the Council. 

The form marked B, is more like the resolutions passed by 
the Council, but contains some objectionable clauses, to two of 
which your committee would call attention : 

1st, In the part of 3d condition of sedond resolution, which 
relates to the mud in the cove, the railroad company are to re- 
move the mud which may be raised by the weight of the wall, 
and by the running in of sand. From neither of those causes 
is any change in the mud to be apprehended ; if it occur at all, 
it will be produced by the weight of the sand used in filling 
the area, which may crowd the mud under the wall. 

2d, In the 5th condition of same resolution, the lans^uajje 
used authorizes laying rails on any part of the promenade west 
of the depot, on Exchange place. 

This, of course, is inadmissible. 

And here, with a strict construction of the papers, the du- 
ties ol your committee close. The railroad company have 
pursued the very unusual course of stating not only what 
grant their president may accept and the time within which 
the City Council are permitted to make it, but of prescribing 
the language in which the grant shall be expressed. But. in- 
asmuch as they say that they desire to take the lands granted, 
substantially on the terms prescribed, your committee have, 
after lajiing aside the resolutions, sent by the railroad com- 
pany, re-examined their communication, and recommend the 
council to meet the Avishes of the company, as far as they can 
consistently with their views of the public good. 

Your committee herewith present resolutions re-enacting the 



131 

resolutions passed on the 9th of February last, giving thirty 
days for their acceptance, and making four modifications, cor- 
responding with the requests of the railroad company, viz. : 

1, No claim, on account of the mud rising in the cove, shall 

be made, after one year from the time when the wall and fill- 
ing is completed. 

This- will, probably^ be all that the railroad company intend 
to ask. 

2, That the railroad company be permitted to lay such rail 
tracks as they please, on that part of the land not designated 
for street or promenade, which they make ; but that on the 
land already made, which is that south and east of north 
line of Sabin street, they lay only such tracks as the Board of 
Aldermen approve. 

The committee think this is all that oujjht to be granted. So 
far as relates to the passenger cars, and such cars as proceed to 
other railroads, there can be no difficulty for that class of travel 
must always pass near the present line of the Stonington road. 
But, as to the moving of cars, making up of trains, &c., al- 
though curves are undesirable, the convenience of the citizens 
ought to be consulted as well as the convenience of the rail- 
road company. If it be necessary to take a j)ortion of the 
green walk for rail tracks, it ought to be allowed, but if not 
needful, the walk ought to be retained for public use. The 
discretion must rest somewhere, and as the railroad company 
have not now any right over this land, it would seem more 
proper to leave it in the hands of the Board of Aldermen than 
to give it to the railroad company. Besides, it is desirable 
that Sabin street (continued to the place where the bridge is 
to connect with the land near the State Prison) should be 
crossed by as few rail tracks as possible. It is worthy of 
notice, in this connection, that neither the Worcester or Boston 
freight houses have any rails leading to their main roads, ex- 
cept at the ends farthest from the centre of the city ; and that, 
when the Providence and Worcester Company presented to the 
committee of the Council, their plans for laying rails down the 
wharves, they did not propose to connect them with the south- 
erly end of the freight house. 



32 



3, That they be allowed to erect any building, for railroad 
purposes, which they wish, provided the location, as well as 
the plans and materials, be approved by the City Council. 

As it cannot be supposed that the Council would ever be un- 
reasonable in its demands, this restriction would only have the 
effect of producing arrangements of the buildings which might 
be more symmetrical, and which might make the placing of 
rails on the streets or promenade less needful. One reason 
why this is desirable is to prevent erection of wooden sheds, 
and like structures, near the promenade. 

4, That the term during which the Railroad Company may 
erect buildings shall be extended to 1870. 

The committee think there ought to be some time fixed 
when the land, if not used by the Eailroad Company, shall re- 
vert to public use. The omission, in the grant to the Stoning- 
ton Company, is matter of regret, and it may hereafter be 
found necessary to take measures to correct the oversight. The 
time proposed is eighteen years, by which time it will be known 
what the wants of the railroad company are. 
Which is respectfully submitted, 

For the Committee. 

THOS. M. BURGESS. 
Providence, March 15, 1852. 
In Common Council, March 15, 1852. 
Read, whereupon it is ordered that the same be received. 

A.G. GREENE, Clerk. 

Book 3— page 225. 

Resolutions re-enactins; and amending certain resolutions 
passed by the City Council of the City of Providence consent- 
ino- to the construction of a railroad by the Hartford, Provi- 
dence and Fishkill Railroad Company, into and through part of 
said city, pursuant to authority vested in said City Council, by 
laws of this State, and especially by " An Act in addition to 
an act relative to the harbor and })ublic waters of the Town of 
Providence," and " An Act to incorporate the Providence and 
Plainfield Railroad Company," which resolutions are recorded 
at pages 202, 203 and 201, of Book No. 3, of City Council 
Records. 



133 

Resolved, That the resolutions passed on the 9th of February 
last, consenting to the construction by the Hartford, Providence 
and Fishkill Railroad Company, of a railroad into and through a 
part of said city, and to the filling of land for railroad purposes, 
in a certain portion of the public waters of said city, delineated 
upon a plat referred to in said resolutions which are recorded at 
pages 202, 203 and 204 of Book No. 3, of City Council Records 
and which have become null and of no effect in consequence of 
not beiug accepted by said railroad company, be and the same are 
hereby re-enacted and continued in force, with the following modifi- 
cations and amendments, viz. : — 

1st Nothing in said resolutions shall be construed to require the said rail- 
road corapanv to excavate any mud from the Cove, excepting such mud 
opposite the wall to be built from the point T to S, as shall be raised by the 
wei-ht of the wall or of the sand used in filling, or by the runnmg m of 
sand through said wall, and unless the city authorities shall call upon said 
railroad company, to make such excavation before the expiration of one year 
after completing the walls and filling authorized by said lesolutions. 

2d Nothing in said resolutions shall be construed to prevent said railroad 
company from laying such rail tracks as may be necessary and convenient 
for the purpose of connecting their railroad with the depots, stations and 
tracks of their own or of other railroad companies across the land south and 
easterly of the point O to the point L, but not entering or infringing upon the 
80 feet promenade around the margin of the Cove. 

3d It shall be lawful for said railroad company to build any buildings 
needed for railroad purposes, upon the lana to be filled in, west of a line 
from X to O,* and south of the proposed street on the margin of tide water as 
delineated on said plat. Provided that the location as well as the plans and 
materials of such buildings shall be approved by the City Council, before they 

are erected. 

4th The clause in said resolutions, limiting the time during which said 
railroad company shall have the right to erect buildings on the land tilled in 
by them, to the year 1860, is hereby repealed and expunged. 

Resolved, Tliat if the terms of these resolutions, and of those 
which are hereby re-enacted and amended, are not accepted by 
said Hartford, Providence and Fishkill Railroad Company within 
thirty days after the passage of these resolutions, said resolutions 
and all their provisions shall become null and of no effect, except- 
ing so far as they authorize the construction of a railroad from the 
line of the city to the land above high water mark as now exist- 
ing near Carpenter's Point. 

[Passed March 29, 1852.] 

*NoTE.— This is printed " O " in the original. It is undoubtedly meant for 



134 

Book 3— page 237. 

to the iionoeable the city council of the city op 
Providence : 

At the monthly meeting of the Directors of the Hartford, 
Providence and Fishkill Railroad Company, held at Hartford, 
April 14, 1852, it was voted that the question of accepting the 
Cove lands in Providence, on the terms granted in the resolu- 
tions of the City Council of the city of Providence, as 
amended and modified by the City Council on the 29th of 
March last, be referred to the members of this board who reside 
in the State of Rhode Island, with full power to said members 
to accept or decline said grant and terms as they deem expe- 
dient and to give notice to the city authorities accordingly. A 
true copy of which said vote from the records of said companj- 
duly attested by E. M. Goodrich, Secretary, is hereto at- 
tached. 

We, the undersigned, Directors of the Hartford, Providence 
and Fishkill Railroad Company, residing in Rhode Island, hav- 
ing pursuant to the authority vested in us, voted unani- 
mously to accept the Cove lands in Providence, on the terms 
granted in the resolutions of the City Council as amended and 
modified by the City Council, on the 29th of March last, do 
hereby respectfully notify the City Council of the City of 
Providence, of the acceptance by the Hartford, Providence 
and Fishkill Railroad Company, of the said Cove lands, on the 

terms so granted. 

William Sprague, 

James Gr. Anthony, 

William W. Hoppin, 

Henry Lippitt. 
Providence, April 27, 1852. 

Read, Whereupon it is 

Resolved, That the same be received and recorded. 

[Passed May 17, 1852.] 
[Book 3— page 269.] 

Resolved, That Messrs. W. Paine, Jr., Williams and Goddard. 

and Alderman Knowles,be a committee to confer with the Hartford, 



I 



O 




O 
H 



185 

Providence and Fishkill Railroad Company, in relation to any al- 
terations or deviations from the original plan respecting the com- 
pletion of the improvements around the Cove. 

(Passed October 11, 1852.) 

To THE Common Council : 

The committee to whom was referred the resolution relating 
to alterino- the location of the wall above and around the cove 
promenade, to be built by the Providence, Hartford and Fishkill 
Railroad Company, respectfully beg leave to report that they 
deem it unadvisable to recommend the alteration, inasmuch as 
they consider that the title of the city to the land which would 
be made by the prop'^sed change, of a doubtful nature, and not 
sufficient to warrant ; v expenditure. 

It is suggested that, hould the land become th property of 
the State, or of oth i arties, that it might be used for pur- 
poses objectionable and detrimental to the interests of the city. 

Also, that the filling in, and consequent lessening of, the 
body of water above the bridge would lessen the force of the 
current in and out of the cove, and perhaps injuriously effect 
the depth of water in the harbor. 

Very respectfully submitted, 

For the Committee, 

D. B. LEWIS. 

Providence, December 20, 1852. 

Book 3— page 285. 

Eesolved, That the Committee appointed by the City Council 
to superintend the finishing of the wall around the Cove promenade 
be and they are hereby directed so to vary the contract subsisting 
between the city and the Providence, Hartford and Fishkill Rail- 
road Company, that said railroad company may be released from 
that part of the contract requiring them to build a wall, commenc- 
ing at the point marked O, on the above diagram, and designated 
with red lines to the point marked S, and requiring said raih-oad 
company to build a wall, commencing at point O, and following the 
direction of the two red lines on the diagrams, so far as the same 
can be done at an expense not less than the expense of that portion 
of wall from which said railroad company are to be released, said 



136 

last mentioned wall to be equal in every respect to the circular wall 
ai'ound the Cove. 

[Passed January 10, 18o3j] 

The diagram may be found on file with the resolution. 

Book 3-page 300. 

Resolved, That the committee appointed to superintend the 
erection of the wall around the Cove promenade, be and they are 
hereby authorized so to vary the contract subsisting between the 
city and the Hartford, Providence and Fishkill Kailroad Company, 
(provided the same can be done in the opinion of said committee 
without detriment to the interest of the city) as to receive from 
said railroad company, a sum of money which shall be equal to the 
cost of the wall to be built by said company, under said contract, 
commencing at the point where the abutment for the bridge near the 
State Prison terminates, and terminating at the point S, near Car- 
penter's Point, on the plat tiled in the City Clerk's oflSce ; and said 
sum of money when paid to said committee shall be in full discharge 
of that part of said contract between the city and said railroad com- 
pany. 

Resolved, Thai; said committee expend the amount of money 
received from said railroad company, as per resolution above, in ex- 
tending the wall, commencing at the northerly termination of the 
abutment of the bridge continuing the same in a northerly direc- 
tion as far as it can be done at an expense not exceeding the amount 
they may receive from said railroad company, said wall to be equal 
to the wall in the inner circle of the promenade. 

[Passed March 21, 1853.] 
Book 3— page 310. 

Resolved, That by the words, " the committee appointed by the 
City Council to superintend the finishing of the wall around the 
(Jove promenade" whicli are contained in the resolution passed by 
the Common Council on the 20tli day of December, 1852, and con- 
curred in by the Board of Aldermen, on the 10th day of January, 
1853, and by the words, " the committee appointed to superintend 
the erection of the wall around the Cove promenade " contained in 
the resolutions passed by the City Council, on the 2ist day of 
March, 1853, (which resolutions authorize said committee to vary 
the contract existing between the city and the Hartford, Providence 



137 

and Fishkill Railroad Company,) it was the intention of the City 
Council to refer to and designate Messrs. W. Paine, Jr., Williarrn 
and Goddard, of the Common Council, and Alderman Knowles; 
being the same persons who were appointed by a resolution of the 
City Council, on the 11th day of October, 1852, " a committee to con- 
fer with the Hartford, Providence and Fishkill Railroad Company, 
in relation to any alterations or deviations from the original plan 
respecting the completion of the improvements around the Cove." 

[Passed April 18, 1853.] 
Book 3— page 338. 

Resolved, That Messrs. Walter Paine, Jun., Williams and God- 
dard, of the Common Council, with Alderman Knowles, appointed 
on the 11th of October, 1852, a committee to confer with the Hart- 
ford, Providence and Fishkill Railroad Company, in relation to any 
alteration or deviation from the original plan resjjecting improve- 
ments in the Cove, be and are hereby continued a committee, with 
full authority, in conformity to the resolve of the City Council, of 
March 21, 1853, so to vary the contract between the city and said 
company, as to release said company from building that part of the 
Cove wall between the western end of the bridge abutment, near 
the State Prison, and the point S, near Carpenter's Point, as shown 
on the plat of land granted to said company, on file in the City 
Clerk's Office, in Book No. 4, page 13, upon receiving from said com- 
pany a sum of money, equal to the cost of the wall hereby given 
up, and said committee are hereby authorized to receive said sum 
of money, and to execute a release to said company accordingly. 

Resolved, That said Paine, Williams and Goddard, with Alder- 
man Knowles are hereby appointed a committee to accept and ap- 
prove of the remaining portion of wall built or to be built by said 
company, and also the filling of the Cove, in pursuance to the re- 
solves of the City Council, relative thereto and their certificate 
that said remaining portion of wall has been properly built, or that 
said filling has been properly completed, shall be conclusive be- 
tween the parties. 

[Passed July 11, 1853.] 
Book 3— page 346. 

To THE HONORABl.E THE CiTY COUNCIL OF THE CiTY OF 

Providence : 

The committee on improvemenls around the Cove Prome- 

18 



138 

nade, respectfully report that they have made a settlement with 
the Providence, Hartford and Fishkill Railroad Comprvny, re- 
leasing said company from building a portion of wall in con- 
nection with the Cove promenade, and have received from said 
company the sum of four thousand two hundred fifty dollars 
and fifteen cents; which sum they have deposited in the office 
of the City Treasurer, as per receipt of the treasurer herewith 

presented. 

For the Committee, 

W. Pause, Jun. 
Read, Whereupon it is 

Resolved, That the same be received. 

[Passed August 9, 1853.] 
Book 3— page 370. 

On the petition of Elisha A. Durfee, it is 

Resolved, That the committee appointed to receive the work 
from the Hartford, Providence and Fishkill Railroad Company, be 
and they are hereby authorized to receive a portion of said work, 
say sixty feet wide on the promenade, two feet lower than has been 
ao-reed upon ; provided that Elisha A. Durfee, the contractor, 
a^ees to fill the same amount of dirt in such other place as said 
committee shall direct. 

[Passed November 28, 1853.] 
Book 3— page 394. 

Resolved, That the standing committee on city property, be 

and they are hereby directed to examine the woik done in the Cove 

by the Hartford, Providence and Fishkill Railroad Company, and 

to report to the City Council, whether in their opinion the same 

has been done by said company in conformity with their contracts 

with the city ; and also what alterations have been made in said 

contract, and what alterations in said work have been made in 

conformity thereto. 

[Passed March 2, 1854.] 

Approved the same day. 

EDWARD P. KNOWLES, Mayor pro tern. 

Book 3— page 395. 

Resolved, That the committee appointed by the City Council, 
July 11th, 1853, to accept and approve the work done by the Hart- 



139 

ford, Providence and Fishkill Railroad Company, be and they are 
hereby authorized to accept and approve, as properly completed by 
said company, so much of said work as relates to the filling be- 
tween the bridge abutment, marked M, N, on the plat, and Sabiu 
street, one hundred and thirty feet in width, from the ellipse wall 
westerly, through its whole length, Elisha A. Durfee, the con- 
tractor with said company for said work having agreed to fill, in 
such other place as the City Council shall direct, the same number 
of cubic yards of earth as would be necessary to raise the grade of 
said work now completed by said company, two feet to the grade 
formerly agreed on. 

And said committee are further authorized to give their certificate 
to said company, that said filling has been properly completed, as 
provided in the resolution appointing said committee; which cer- 
tificate shall be deemed a full release and discharge of said com- 
pany from any contract, duty and obligation to fill and complete 
said work above described, and shall fully acquit and exonerate the 
said company from any and all further liability respecting the comple- 
tion of the same. 

Resolved, That the said committee shall not give the certificate 
aforesaid until the said Durfee shall have given bond, to the satis- 
faction of the City Treasurer and the City Solicitor, that he will 
perform his agreement aforesaid. 

[Passed March 2(i, 1854.] 

Approved the same day. 

EDWARD P. KNOWLES, 

Mayor pro tem. 
Book 3— page 464. 

On petition of S. B. Gushing, Engineer of Hartford, Provi- 
dence and Fishkill Railroad, it is 

Resolved, That the Hartford, Providence and Fishkill Railroad 
Company be permitted to erect under the dii'ection of the Board of 
Aldermen, a temporary building for a passenger car house, to be con- 
tinued during the pleasure of the City Council. 

[Passed November 15, 1854.] 

Approved. E. P. KNOWLES, Mayor. 



140 

Book 4— page 27 

Resolved, That the plan of building presented bj the Hart- 
ford, Providence and Fishkill Railroad Company, thirty feet wide 
and not less than two hundred feet long, to be built of brick or 
stone, with slate roof and granite underpinning, to be used at pre- 
sent for a merchandise depot be approved. 

[Passed September 26, 1855.] 

Approved. J. Y. SMITH, Mayor. 

Book 4 — page 22. 

Resolved, That Messrs. Robbing, Taylor, E. A. Greene, Salis- 
bury, R. Greene, Jr., Hill, Lester, and Barstow, and the Mayor, 
Aldermen Knight and Bo wen, be a committee to confer with the 
directors of the Hartford, Providence and Fishkill Railroad Com- 
pany, in reference to the erection of a certain stone or brick 
building upon the Cove lands, to be used at present as a freight 
depot, with full power to approve the same. 

[Passed September 17, 1855.] 

Approved, J. Y. SMITH, Mayor. 

Book 4 — page 46. 

Resolution in relation to location of buildings and laying of 
tracks of Hartford, Providence and Fishkill Railroad Company. 
Read, Whereupon it is 

OKDEREt), That the same be referred to the joint committee ap- 
pointed on the 17th day of September last, to confer with the 
Directors of the Hartford, Providence and Fishkill Railroad, in 
relation to the erection of a freight depot, etc., to examine and 

report thereon. 

[Passed December 10, 1855.] 

Approved. J. Y. SMITH, Mayor. 

Book 4— page 121. 

Okdered, That the petition of the Hartford, Providence and 
Fishkill Railroad Company, for permission to lay rails on Dor- 
rance street, be received and referred to the Standing Committee 
on Highways, with instructions to said committee to advertise 
in the papers employed to do the city printing, of the time and 



141 

place, when and where the said committee will meet to hear par- 
ties for and against granting the request of said petitioners. 

[Passed January 12, 1857.] 

Approved. J. Y. SMITH, Mayor. 

Book 4 — page 19fi. 

Resolved, That the Surveyor of Highways, be and he is 
hereby directed to employ laborers, under the supervision of the 
Standing Committee on Highways, in filling up the wet and 
marshy lands adjoining the Cove Park, at such prices and to 
such an amount as to that committee may seem advisable and to 
draw upon the City Treasury for the cost. 

[Passed December 14, 1857.] 

Approved. W. M. RODMAN, Mayor. 

Book 4 — page 196. 

Resolved, That the standing committee on city property be 
and they are hereby directed to examine and report at the next 
meeting of the Council whether or not the Providence, Hartford 
and Fishkill Railroad Company, have complied with the conditions 
of the contract entered into between the city and said company, for 
filling the land granted to said corporation, for railroad purposes. * 

[Parsed December 14, 1857.] 
Approved. W. M. RODMAN, Mayor. 

Book 4— page 466.] 

Resolved, That the City Solicitor, be and he is hereby in- 
structed to appear before the General A' sembly at its next session, 
and to oppose on behalf of the city of Providence, any amend- 
ment of the charter of the Hartford, Providence and Fishkill 
Railroad Company, which shall purport to authorize said railroad 
company to lay down rails in Doi-rance street, or any other high- 
way of said city without the express jjermission of said city pre- 
viously obtained. 

[Passed April 14, 1862.] 

Approved. JABEZ C. KNIGHT, Mayor. 

Upon the petition of the Hartford, Providence and Fishkill 
Railroad Company, for permission to lay and extend their rails 

• It does not appear that this committee ever r-iported. 



142 

from their freight depot on Sabin street, across Sabin street to 
Dorrance street, and along and upon Dorrance street to the 
several slips and wharves upon the west side of the river. 

Resolved, That the petition of the Hai-tford, Providence and 
Fishkill Railroad Company, for permission to lay rails across 
Sabin street to Dorrance street to the river, be referred to Messrs. 
Sisson, Dailey, Case, Hopkins, Lincoln, and Kinyon, with Alder- 
men Waterman and Ham, to examine and report thereon. 

[Passed April 14. 1862.] 

Approved. JA13EZ C. KNIGHT, Mayor. 

RESOLUTIONS RECOMMENDED BY THE AFOREGOING- 

COMIVnTTEE. 
Book 4— page 471. 

Resolved, That the following question be and the same here- 
by is submitted to the electors of the city of Providence, quali- 
fied to vote for City Council, viz.: — 

" Shall the Hartford, Providence and Fishkill Railroad Com- 
pany be authorized to lay rails from their depot west of Sabin 
street, through and along Cove and, Dorrance streets, to the 
wharves on Dyer street ? " 

Resolved, That the above question shall be printed on one 
side of the ballots used at such election ; one-half of said ballots 
shall contain the word " Yes " on the other side, and the other 
half the word " No." 

Resolved, That a special election for the above purpose be 
ordered on the third Wednesday in June ; and that such election 
when held, shall in all respects be conducted and the ballots 
sealed up and returned in the same manner as required in the 
election of city officers. 

[Passed May 12, 1862.] 
Approved. JABEZ C. KNIGHT, Mayor. 

Book 4— page 490. 

To THE Honorable City Council of the City of 
Providence R. I. : 

We, the undersigned, citizens of the city of Providence, 
would respectfully ask your honorable body that you appoint 



143 

a committee to investigate whether the Hartford, Providence 
and Fishkill Eaih-oad Company, are not debarred from certain 
privileges, which are extended to other raih-oads terminating 
here, for the transportation of their freight (such as lumber, 
coal, iron, stone, etc.,) to and from their freight station to tide 
water, and report whether further facilities could not be granted 
which would inure to the interest of the city pecuniarily as 
well as increase the business of the city. 

[Signed.] WILLIAM W. HOPPIN, and 43 others. 

Head, Whereupon it is 

Ordered, That the same be received and referred to Messrs. 
Dailey, Whitaker, Hopkins, Briggs, Washburn, Rice, and Davis, 
with Alderman Bowen, to examine and report thereon. 

[Passed July 14, 1862.] 

Approved. JABEZ C. KNIGHT, Mayor. 

Book 4— page 493. 

City of Providence, In Board of Aldermen : 

June 19, 1862. 
The ballots given in by the qualified electors at the special 
election held on the 18th instant, upon the question, " Shall the 
Hartford, Providence and Fishkill Eailroad Company, be 
authorized to lay rails from their depot west of Sabin street, 
through and along Cove and Dorrance streets, to the wharves 
on Dyer street ?" having been duly delivered to the City 
Clerk, are now counted in open board meeting, and the follow- 
ing is the result, viz.: — 
Ward 



1. 


Yes, 47. 


No, 81. 


2. 


112, 


55. 


3. 


66. 


73. 


4. 


54. 


103. 


5. 


100. 


99. 


6. 


99. 


211. 


7. 


85. 


110. 



Total, Yes, 563. No, 732. 

Resolved, That the foregoing result upon the question of lay- 



144 

ing rails in Cove and Dorrance streets, be communicated to the 
City Council. 

Witness: SAMUEL W. BROWN, City Clerk. 

Read, Whereupon it is 

Resolved, That the same be received. 

[Passed July 28, 1862.] 

Approved. JABEZ C. KNIGHT, Mayor. 

Book 5— page 37. 

Report of committee on facilities granted to Hartford, 
Providence and Fislikill Railroad Company. 

To THE Honorable the City Council of the City of 

Providence : 

The committee appointed July 14, 1862, to examine and re- 
port upon the petition of William W. Hoppin,and others, whether 
the Hartford, Providence and Fishkill Railroad Company, had 
equal facilities with other roads, and if not, if others could not 
be granted them, would report, that after a careful examination 
we find I hat the business of the aforesaid railroad is much 
larger than we supposed, and that it would be nearly doubled 
if it had the requisite tide water facilities for doing its business, 
and although every facility that can be is granted to them by 
the Providence and Worcester Railroad, still the business that 
is now done is at an extra cost, and attended with a great deal 
of delay, and any increase of business on the Providence and 
Worcester Railroad would cause still more delay. 

It is the unanimous opinion of your committee that the 
Hartford, Providence and Fishkill Railroad has not the facili- 
ties of other roads, and that in their opinion the interests of the 
road require some other connection with tide water than they 
now have, and it is certainly to the interest of the city to 
increase the business of that railroad, holding as they do its 
bonds for so large an amount. 

Respectfully submitted, 

ALBERT DAILEY, For Committee. 

Providence, May 11, 1863. 



145 

Read, Whereupon it is 

Ordered, That the same be received. 

[Passed May 11, 1863.1 

Approved May 12, 1863. 

JABEZ C. KNIGHT, Mayor. 

Book 5-page 03. 

Upon the petition of the Hartford and Fishkill Railroad 
Company : 

Resolved, That the following question be and the same is 
hereby submitted to the electors qualified to vote for members of 
the City Council, viz.: 

" Shall the Hartford, Providence and Fishkill Railroad Com 
pany be authorized to lay rails from their depot west of Sabin 
street, through and along Cove and Dorrance streets, to the 
wharves on Dyer street ? " 

Resolved, that the above question shall be printed on one 
side of the ballots used at such election ; on the other side of 
one-half of said ballots shall be printed the word " Ves," and on 
the other side of one-half of said ballots shall be printed the 
word " No." 

Resolved, That a special election for said purpose shall be 
held on the same day in October next, which is provided by the 
General Assembly, for the vote upon the amendment of the State 
Constitution, and that such election shall in all respects be con- 
ducted, and the ballots sealed up, returned and counted in the 
same manner as is required in the election of city officers. 

[In Common Council, PassedJune 8, 1863.] 
[In Board of Aldermen, Passed July 6, 1863.] 

Approved July 8, 1863. 

JABEZ C. KNIGHT, Mayor.. 

Book 5— page 92. 

To THE Honorable City Council of the City of 
Providence : 

The undersigned, Hartford, Providence and Fishkill Rail- 
road Company, respectfully ask that permission may be granted 
them to lay rails from their depot west of Sabin street, through 

19 



146 

and along Cove street and Dorrance street, to the wharves on 
Dyer street, pursuant to the result of the vote of the qualified 
electors given in on the 5th instant. 

S. HUTCHINS, "i -Di 1 r 1 J 

rr, V^ / -t^hode Island 

Stephen T. Olney, > rp 
^ ^ ' ( irustees. 

Henry Lippitt, ) 

Providence, October 10, 1863. 

Read, Whereupon it is 

Ordered, That the same be received, and referred to Messrs. 

Briggs, CoggeshalL Hale, Case, Hopkins, Payton and Slade, with 

Aldermen Taylor, Bowen and Ham, to examine and report 

thereon. 

[Passed October 12, 1863.] 

Approved October 13^1863. 

JABEZ C. KNIGHT, Mayor. 

Result of the vote of October 5, 1863, upon several ques 
tions of rails in streets. 

In Board of Aldermen, October 6, 1863 . 

Resolved, That the result of the vote upon the several ques- 
tions of laying rails in the streets be communicated to the City 
Council at its next meeting. 

Witness: SAMUEL W. BROWN, City Clerk. 

QUESTION. 

" Shall the Hartford, Providence and Fishkill Railroad Com- 
pany, be authorized to lay rails from their depot west of Sabin 
street, through and along Cove and Dorrance streets, to the 
wharves on Dyer street? " 

Wards 1 2 3 4 6 6 7 Total. 

Yes 96 117 112 107 122 176 108 837 

No 43 17 17 34 27 72 55 265 

Read, Whereupon it is 

Ordered, That the same be received and recorded. 

[Passed October 12, 1863.] 
Approved October 13, 1863. 

JABEZ C. KNIGHT, Mayor. 



147 

Book 5— page 117. 

" An Ordinance permitting the Hartford, Providence and 
Fishkill Railroad Company, to lay rails in certain streets of the 
City of Providence." 

I', is ordained by the City Council s>f the City of Providence 
as follows : 

Section 1. The Hartford, Providence, and Fishkill Railroad 
Coajpany shall have permission to lay a raih'oad track, for the 
transportation of freight only, to be used with steam power, 
and with dummy engines only, save and except on and near 
the wharves, where horses may be used, in the following 
named streets in the City of Providence, viz. : commencing at 
a point near the depot (west of Sabin street), and running, 
with a single track, through Cove street, to Dorrance slreet, 
thence, through Dorrance to Dyer street, and thence through 
Dyer street, connecting with the adjacent wharves. 

Sec. 2. The permission granted in the preceding section is 
granted upon the express provisos and conditions hereinafter 
named, to wit : — 

In locating and constructing said track, said company shall 
conform to the surveys, regulations and grades, of said streets, 
as they now are or may hereafter be established by law. The 
gage of the track shall be four feet eight and a half inches, the 
rails to be of the grooved pattern. 

Said company shall make and deposit in the City Clerk's 
office, an exact pattern of the rail they propose to use ; an ac- 
curate survey or plan of their road, showing its proposed loca- 
tion, the distance of the rails from the curbstones, on each side 
of the streets, the cross walks of the streets, the entrances 
from the gutters to the sewers, together with the grades of the 
streets and the width of the same ; and also a written descrip- 
tion of the manner in which they propose to constiuct said 
road, and to lay and secure their rails ; and shall not be allowed 
to break ground or occupy any of said streets until after they 
shall have obtained the written approval of the surveyor of 
highways, and the standing committee of the City Council 
on highways, of their pattern of rail, their surveys, plans, and 



148 

manner of constructing their road, and of their method of lay- 
ing and securing their rails. 

Sec. 3. Said company shall keep and, maintain in good 
order and condition, by paving, repaying and repairing, when- 
ever necessary, at their own cost and expense, the streets that 
may be occupied by their rails, so that said streets may be safe 
and convenient to travellers, with their teams, carts and car- 
riages, at all seasons of the year ; and to the satisfaction of the 
surveyor of highways, of the City of Providence. And if, 
by reason of laying said rails, it shall become necessary to alter 
the water courses, gutters, culverts, or entrances to the cul- 
verts, such change or alteration shall be made by the company, 
at its own costs and expense. 

Said company shall not run any train (including the motive 
power) more than three hundred feet long, over the track 
hereby authorized to be laid. 

Sec. 4. All work herein required to be done by said 
company shall be done under the sui)erintendence and to the 
satisfaction of the Surveyor of highways, acting under the ad- 
vice and direction of the standing committee of the City Coun- 
cil, on highways, and no car shall run on any of said streets 
until said company shall have obtained a statement, in writing, 
from said surveyor of highways, and from said standing com- 
mittee on highways, that the terms and conditions herein pre- 
scribed, have been complied with, which statement shall be 
filed in the City Clerk's office. 

Said company shall remove all obstructions, mend and re- 
pair, pave and repave, said streets, as hereinbefore provided, 
whenever required to do so by the Surveyor of Highways, 
actinor under the advice and direction of said standinn^ commit- 
tee on highways ; and should they neglect or refuse to do so 
for a period of ten days after notice that they are so required, 
then and in such case, the City Council may forbid the running 
of any car or cars on said street, until said requirement is fully 
complied with. 

If said company shall neglect, for the space of ten days after 
notice that they are required to do any work, as hereinbefore 



149 

provided, the same may be done by the Surveyor of High- 
ways, acting under the advice and direction of said standino- 
committee on highways, and the expense thereof shall be paid 
by said company. 

Sec. 5. In all cases where work is required to be done by 
said company, the City of Providence reserves to itself the 
right, at its option, of doing the same, and the expense thereof 
shall be paid by said company. 

In all cases where any work may have been done by the sur- 
veyor of highways, or by the City of Providence, as herein- 
before provided, the expense of which is to be paid by said 
company, if the company neglect to pay the same for the space 
of ten days after demand made therefor, the City Council may 
forbid the running of any car or cars over or upon any of the 
\ above named streets of said city, until the same is paid, and 

said city shall have a lien upon said railroad, hereby author- 
ized, for the payment of all such expenses. 

Sec. 6. From and after the year eighteen hundred and sixty- 
five, said company shall pay into the city treasury of the City 
of Providence, the sum of five hundred dollars per annum, for 
the privilege of using the streets of said city, for the purposes 
of the said railroad, the same to be paid in equal quarterly pay- 
ments, on the first days of January, April, July and October, 
in each and every year. 

Said company shall, at ail times, conform to such rules and 
regulations as may, from time to time, be made by the City 
Council, as to the use of the streets through which their track 
runs, to the rate of speed, the length of train and the mode of 
use of said track. 

Sec. 7. The City Council shall have the right to permit 
other railroad companies to run cars over the track of this 
company, hereby authorized for such compensation and upon 
such terms and conditions as may be agreed on by said rail- 
road companies, and in case said companies cannot ao-ree as to 
said compensation, terms and conditions, then for such compen- 
sation, and upon such terms and conditions, as the City Coun- 
cil may prescribe. 



150 

Sec. 8. Said railroad company shall, at all times, hereafter, 
defend, keep harmless and indemnify, the City of Providence 
of and from all damages, costs and expenses, to which said 
city may be subjected or made liable, by any proceedings at 
law, or in equity, or otherwise, growing out of the grant, of 
the privileges of this ordinance, granted, or out of the exercise 
and enjoyment of the same, by said company. 

Sec. 9. The City Council, of the City of Providence, shall 
have the right to annul, amend or alter, either in whole or in 
part, this ordinance, and the terms and conditions upon which 
permission is hereby given to said railroad company to lay said 
rails ; and also the right to order the same, or any part of the 
same, to be taken up, and the street or streets through which 
they are laid to be restore^ to their original grade and con- 
dition, and to be put in good and complete order and repair 
so that the same may be safe and convenient for travellers with 
their teams, carts and carriages, at all seasons of the year ; the 
same to be done at the expense of said company, under the 
superintendence of and to the satisfaction of the surveyor of 
highways, acting under the advice and direction of said stand- 
ing committee on highways ; and, in case the same is not done 
by the compau}' within the time limited therefor, then the City 
Council may cause the same to be done, and the expense 
thereof shall be paid by said company, and said city shall have 
a lien upon the road, hereby authorized, for the payment 
thereof. Said City Council shall give at least ninety days 
notice, to said company, of any intention to alter, annul or 
amend the terms and conditions of the permission hereby 
granted, or of their intention to require the rails to be taken 
up ; and whenever said terms and conditions shall be altered, 
amended or annulled, or said company shall be required to 
move its rails, they shall have, at least, the period of ninety 
days from the passage of the order making said alteration a re- 
quirement, to comply with the same. 

Sec. 10. Said railroad company shall have the right at any 
time, to give written notice to said City of Providence, that 
they will no longer use and enjoy the grant herein made to 



151 

them, and shall thereupon, within ninety days from and after 
such notice, remove' their track and fixtures from said streets, 
and restore the same to their original condition, and in as good 
order and repair as they now are, under the superintendence 
and to the satisfaction of the surveyor of highways, acting 
under the advice and direction of the standing committee on 
highways. 

Sec. 11. Said railroad shall, in writing, accept the permis- 
sion and privileges hereby granted, and agree to comply with 
all the provisions and conditions upon which the same are 
granted, within four months after the passage of this ordinance ; 
and shall, within said time, file the same with the City Clerk, 
otherwise this ordinance shall be null and void. 

Said railroad company shall not be allowed to break ground 
in any of the streets aforesaid, until after said acceptance and 
agreement has been filed as aforesaid. 

[Passed January 11, 1864.] 
[Approved January 12, 1864.] 

JABEZ C. KNIGHT, Mayor. 

(See Book of Ordinances, No. 2, page 166.) 

Book 5— page 157. 

Providence, Haetford and Fishkill Railroad Com- 
pany: 

ACCEPTANCE OF ORDINANCE OF JAN. 11, 1864. 



u. s. 

Revenue 

Stamp 

05c. 



To THE City Clerk of the City of Providence : 

At an adjourned meeting of the Board of Directors of the 
Hartford, Providence and Fishkill Railroad Company, held at 
the office of said company, in Providence, May 10, 1864, it 
was voted unanimously, 

1st. That said Hartford, Providence and Fishkill Railroad 
Company do accept the permission and privileges granted to said 



152 

company by the cei-tain ordinance of the City Council of the 
city of Providence, entitled " An Ordinance*perniitting the Hart- 
ford, Providence and Fishkill Railroad Company to lay rails in 
certain streets in the city of Providence," passed January 11, 
1864, and that said company hereby agrees to comply with all 
the provisions and conditions upon which said permission and 
privileges are granted 'as contained and expressed in said or- 
dinance, and in each, all and every section and provision thereof^ 

2d. That the President be and he is hereby directed forth- 
with and on or before the 16th day of this month, to file or cause 
to be filed with the City Clerk of said City of Providence, a cer- 
tified copy of the foregoing, and this present vote signed by 
himself and the Secretary.- 

Calvin Day, President. 

Samuel Cubret, Secretary pi'o tern. 

Received on file in the City Clerk's Office, Providence, May 
10, 1864. 

Witness : SAMUEL W. BROWN, City Clerk. 

Read, Whereupon it is 

Ordered, That said acceptance be received and recorded. 

(Passed June 6, 1864.) 

Approved. THOMAS A. DOYLE, Mayor. 

Beok 5— page 193. 
Petition of the Hartford, Providence and Fishkill Railroad 

Company. 

To THE Honorable City Council of the City of 

Providence ; 

Respectfully represent the Hartford, Providence and Fishkill 
Railroad, that the lease of said company from the Boston and 
Providence Railroad Company, for the use of their engine house 
at Providence, will expire on the first of Octobernext, and that 
your petitioners have been notified that it cannot be renewed. 
That owing to the great increase of business on the railroads 
of both of said companies during the ten years continuance 
of said lease, the capacity of said engine house has become 
barely sufficient for the necessities of either one of them, and 



Loo 

has at no time been large enough or convenient for both. That 
^he annual rents which your petitioners are obliged to pay for 
their use of said engine house are equal to the interest of a 
sum exceedinjT double the estimated cost of an engine house 
upon their own grounds, which would afford them better and 
far more convenient accommodations, and which your peti- 
tioners, by the trustees of their road, are desirous of building 
and completing for use by the first day of October next. 

Under these circumstances, your petitioners, with the con- 
sent of your honorable body, propose to erect an engine house 
on the Cove lands granted to them by Resolution of the City 
Council, passed February 9, 1852, .and re-enacted as modified 
March 29, 1852, to be situated about 594 feet westerly from 
the westerly end of their freight depot, and 170 feet northerly 
of their main track as represented on the annexed drawing. 

Said building to be constructed on large, long flat stones, 
for an underground foundation, with rubble masonry to the 
surface of the ground, granite underjunning above ground, 
superstructure of brick walls covered with slate roof. Where- 
fore your petitioners pray your honorable body to approve said 
location, plan and materials for said building ; and they will 
ever pray. 

Hartford, Providence and Fishkill Railroad Company 

By Calvin Day, President. 

Geo. M. Bartholomew, 

Alfred Smith, 

Byron Sprague, 

Stephen Harris, }■ Directors. 

Henry Lippitt, I 

Shubael Hutchins, j 

Geo. B. Holmes, j 

Book 5— page 194. 

The undersigned. Trustees for the bond-holders of the 
Hartford, Providence and Fishkill Railroad Company, in pos- 
session of, and running the railroad of said company, for the 
benefit of said bond holders, do approve of the foregoing peti 
tion, adopt the representations therein contained as true, and 

20 



154 

unite in the prayer thereof to the City Council of the City ot 
Providence, and respectfully pray the City Council to approve 
the said location, plan and materials for said engine house 
building, that the undersigned may proceed with the erection 
and completion of the same at the earliest possible time ; and 
they will ever pray. 

Geo. M. Bartholomew, 

Edward G. Howe, 

Calvin Day, m 

T • • h Trustees. 

Henry Lippitt, 

Stephen T. Olney, 

Shubael Hutchins, 

Upon the report of the standing committee on city prop- 
erty to whom was referred the foregoing jietition. 

Resolved, That the Hartford, Providence and Fishkill Rail- 
road Company be and they are hereby authorized to locate and 
construct an engine house for the use of said company, on land 
tilled in by said Company in the Cove. Said building to be 
located easterly of Cove street, and not more than one Lundred 
and ninety feet northerly ol their main track ; and to be con- 
structed on large, long flat stones, for an underground founda- 
tion, with rubble masonry to the surface, granite underi)inning 
above ground, brick walls, and slate roof. 

(Passed August 12, 1SG4. ) 

Approved. THOMAS A. DOYLE, Mayor. 

Hartford, Providence and Fishkill Railroad, ) 
Agent's Office, Providence, R. I, May 27, 1865. f 
The undersigned, hereby certify that the terms and con- 
ditions prescribed in the bill or ordinance permitting the Hart- 
ford, Providence and Fishkill Railroad Company to lay rails in 



155 

certain streets in the city of Providence, have been complied 
with. 

ChaFvLES L. Thomas, Chairman for Committee. | 
Standing Committee on Railroads. ] 

Samuel B. Durfee, Surveyor of Highways. 
Received on file. Providence, May 27, 1865. 

Witness : SAMUEL W. BROWN, City Clerk. 

Read : Whereupon it is ordered that the same be received. 

[Passed June 12, 1865.] 

Approved the same day. 

THOMAS A. DOYLE, Mayor. 



COPIES, 

FROif THE RECORDS OF THE CITY COUyCIL OF THE CITY OF 
PROriDEyCE RELATIVE TO THE PROYIDESCE AXD SPnlXG- 
FIELD RAILROAD COilPAXY. 

Petition of the Providence and Sprinirfield Railroad Com- 
pany tor permission to lay track over land of the city. 

(Presented to the Common Council, August IS, 1S73.) 

to the hoxokable city couxcil of tile city of 
Pkovidence. 

The Providence and Springfield Railroad Company respect- 
fully repi'esent, that they have completed and are now running 
trains over their railroad between Olneyvllle in the town of 
Johnston and Pascoao; in the town of Burrillville : that thev 
desire to extend their track from Olneyville to the passenger 
Station in the city ot Providence, a portion of such distance 
over land of said city. 

Wherefore they pray that permission may be granted them 
to lay their track over the land of said city, in accordance with 
the plan presented herewith. 

Providence and Springfield E. R. Co.. by 

William Tinkham, President. 

The foregoing petition was referred August IS, ISTo, to the 
joint standing committee on Railroads, who. on the 27th day 
of August, ISTo, were discharged from further consideration 
thereof, and the same was referred to the Commissioners of the 
Cove Lands, who on the Stli day of September, 1S73, made the 
following 



' r *7 



REPORT. 

To THE Honorable the City Council of the City of 

Providence. 

The commissioners of the cove lands to whom was referred 
by the common council on the 27th of August, ultimo, the 
petition of the Providence and Springfield Kailroad Company, 
have considered the matter contained in said petition and have 
adopted certain resolutions in relation thereto which J have the 
honor to transmit herewith. 

Kespectfully submitted by order of the commissioners, 

Thomas A. Doyle, Chairman. 
Providence, September 8, 1873. 

Resolved, Tliat the comraissiouers of the cove lands recom- 
mend to the city council to assent to the location and construction 
of the railroad of the Providence and Springfield Railroad Com- 
pany between its junction with the Hartford, Providence and Fish- 
kill Railroad and the dividing line between the town of Johnston 
and the city of Providence. 

Resolved, That they further recommend that the city council 
assent to the location and construction of the said railroad between 
said junction and the present passenger station of the Boston and 
Providence Railroad Company, upon the lands heretofore owned 
or located upon by the Hartford, Providence and Fishkill Rail- 
road Com2)any, provided, however, that the assent to such part of 
the location and construction of said road as is, or may be made 
northerly or easterly of Atwell's avenue, be given upon the condi- 
tion that the Providence and Springfield Railroad Company will 
execute in manner and form to be approved by the city solicitor, 
a legal and effectual contract to abandon, upon notice to them so 
to do, by the city council, such portion of said location as is or 
may be made within the territory described in the ordinance en- 
titled " An ordinance in relation to the cove lands " and Avill also 
agree that the location thereafter made by them in place of the 
location hereby assented to within said limits shall be made in 
such manner and upon such conditions as may be assented to by 
said city council, and also that said company will apply to the 
legislature for such additional legishitiou as the city solicitor may 
advise as necessary to ca. ry into effect the foregoing agr' ement. 



158 

Resolved, That the cove l.ind commissioners recommend that 
the city council do not assent to any location made, or to be made 
by said Providence and Springlield Railroad Company which does 
not conform to the foregoing requirements. 

Resolved, That the cove land commissioners recommend to 
the city council to require that where said Providence and Spring- 
field Railroad crosses Atvvell's avenue, Broadway and High street, 
bridges of the same width as said streets respectively, shall be 
constructed by said railroad company to carry said streets over 
said railroad, to be equal in all respects in construction and work- 
manship to the present bridges over the railroads at said streets, 
and to be maintained by said railroad company as long as their 
railroad exists, in a manner satisfactory to the board of aldermen. 

No. 221. Resolutions relating to the Providence and Spring- 
field Railroad Company. 

(Approved September 11, 1873.) 

Resolved, That the city council hereby assent to the location 
and construction of the railroad of the Providence and Springfield 
Railroad Company from its junction with the Hartford, Providence 
and Fishkill Railroad to the dividing line between the city of 
Providence and the town of Johnston. 

Resolved, That the city council hereby assent to the location 
and construction of the said railroad between said junction and the 
present passenger station of the Boston and Providence Railroad 
Company upon the lauds heretofore owned or located upon by the 
Hartford, Providence and Fishkill Railroad ComjDany upon the 
following conditions, namely : 

That the assent of the city council to such part of said location 
and construction of said railroad as is or may be made northerly or 
easterly of Atvvell's avenue is upon the condition that the Providence 
and Springfield Railroad Company will execute in manner and 
form to be approved by the city solicitor, a legal and effectual con- 
tract binding said company to abandon upon written notice to them 
so to do by the city council, such portion of said location as is or 
may be made within the territory described in the ordinance en- 
titled " An ordinance in relation to the cove lands," and also bind- 
ing said compauy, to make any location hereafter made by said com- 



159 

pany in place of the location hereby assented to, in such manner 
and upon such terms and conditions as shall be assented to by the 
city council, and also binding said company to apply to the general 
assembly for such additional legislation as the city solicitor shall 
advise is necessary to carry into effect the foregoing stipulations. 

Resolved, That where said Providence and Springfield railroad 
crosses Atwell's avenue, Broadway, and Hiah street, bridges of the 
same width as said streets respectively, shall be constructed by 
said railroad company to carry said streets over said railroad, to be 
equal in all respects in construction and workmanship to the present 
bridges over the railroads at said streets, and to be maintained hy 
said railroad company so long as their railroad exists. 

Resolved, That all said bridges so constructed shall be built 
under the supervision of the board of aldermen, and said board shall 
further have the right to regulate the speed of locomotive engines 
passing over that portion of said railroad within the limits of the 
city. 

Resolved, That these resolutions shall be null and void if the 
same shall not be accepted by the Providence and Springfield Rail- 
road Company on or before the first day of October, A. D. 1873. 

Petition of the Providence and Springfield Railroad Com- 
pany for modification of resolutions assenting to location of 
their railroad. 

To THE Honorable City Council of the City of 
Providence. 

The Providence and Springfield Railroad Company respect- 
fully represent : 

That it is found impracticable to lay another track upon the 
present location of the Hartford, Providence and Fishkill rail- 
road between Brayton street and the junction of said road with 
the road of this company near Olneyville, but that, for a short 
distance, land varying in width from five to ten feet outside of 
said location, will be required for the said track. 

Your petitioners respectfully ask the City Council to so 
modify the resolutions approved on the 11th instant, as to 
assent to the location and construction of the road of this com- 



100 

pany over such additional land as may be required for the lay- 
ing the said track. 

Providence, Sept. 18th, 1873. 

Providence and Springfield Railroad Company, 

By William Tinkham, President. 



Resolution referring the foregoing petition. 

(Approved September 22, 1873.) 

Resolved, That the petition of the Providence and Springfield 
Railroad Company, asking for a modification of the resolutions 
approved September 11, assenting to tbe location of their railroad 
track in the city of Providence, be referred to Aldermen Spicer 
and Daboll, with Messrs. Rogers, Paine, Mathewson, Hayward 
and J. B. Barnaby of the Common Council, to examine and report 
thereon at the next meeting. 

The Joint Special Committee of the City Council to whom 
on the 22d day of September was referred the petition of the 
Providence and Springfield R. R. Co., for a modification 
of the resolutions approved Sept. 11th, assenting to the loca- 
tion of their railroad track in the city of Providence, 

REFORT 

That they have carefully considered the matter and find the 
facts to be as follows : 

The Providence and Springfield R. R. Co. desiring to 
gain approach to the city of Providence for terminal purposes, 
arranged with the Hartford, Providence and Fishkill R. R. 
Co. for the rio;ht to run over the road bed of t he latter Com- 
pany ; but for this purpose and in compliance with the pro- 
visions of their charter it was necessary to obtain the assent of 
the City Council of the city of Providence, as to so much as 
lay within the city limits. Upon due application made, the 
assent of the City Council was granted by tlie resolutions 
approved Sept. 11th, now sought to be modified. After the 



161 

passage of those resoliitioas it was ascertained that the ifoad 
bed of the Hartford, Providence 'and Fishkill R. R. Co, was 
not sufficiently wide for a second track to be laid as proposed, 
and that a strip or strips of land varying from a point to about 
ten feet in width would be required ; and for the assent of the 
City Council to locate on such additional land the Providence 
and Springfield R. R. Co. now apj)ly. On the north and west of 
the present road bed and adjoining it south of Brayton avenue 
at different points, is Harris avenue, a part of which has 
already been received by the city ; the remainder only awaiting 
being brought to grade to be also received. A strip of Harris 
avenue will be required, but it is understood that the R. R. 
Co. are willing to add to the north ard west side thereof what- 
ever it is necessary for them to take from south and east side, 
the street not having been curbed, nor the gutters paved, and 
there being but very few, if any houses now standing on the 
p^rts of the avenue so taken. 

As our city is greatly indebted to its R. R. facilities for its 
rapid growth and present prosperity, your committee deem it 
wise and just to extoul to the different Roads all necessary 
accommodations, especially when, as in this case, so little in- 
convenience, if indeed any, will be occasioned thereby. 

As it would conduce to the public safety to have the manage- 
ment of adjacent tracks under one general direction, an arrange- 
ment which is acquiesced in by the petitioners, such a pro- 
vision has been attached to the assent recommended to be 
given. 

Your committee therefore recommend granting the prayer 
of the petitioner and the passage of the accompanying resolu- 
tions. 

Respectfully submitted for the Committee, 

Horatio Rogers, Chairman. 

September 30, 1873. 

21 






162 

No." 259. Resolution in relation to the Providence and Spring 

field Kailrdad Company. 

(Approved September 30, 1873.) 

Resolved, That the city council, in addition to the assent here- 
tofore given by them, and for the purpose of enabling the Provi- 
dence and Springfield Railroad Company to have a greater width 
of location than heretofore assented to, between the junction of 
their railroad with the railroad of the Hartford, Providence and 
Fishkill Railroad Company and Brayton avenue, do hereby assent 
to the location and construction of the railroad of the said Provi- 
dence and Springfield Railroad Company in the city of Providence, 
between said junction and the westerly line of Brayton avenue, as 
the same is delineated on a map accompanying the report of a loca- 
tion of said railroad filed by said Providence and Springfield Rail- 
road Company, in the office of the clerk of the court of common 
pleas, within and for the county of Providence, August 26, A. D. 
1873, upon the following conditions : 

First: That where said location encroaches upon Harris avenue 
as now laid out and used, and between said Brayton avenue and 
Atwell's avenue, said Providence and Springfield Railroad Com- 
pany shall make said Harris avenue of the same width of sixty feet 
and fifteen hundredths that the same now is, and shall cause said 
Harris avenue to be put in as good repair as the same now is where 
said encroachment shall be made, to the satisfaction of the highway 
commissioners of the city. 

Second: That the general management and direction of the run- 
ning of trains over the location hereby authorized and the locatitm 
authorized by the resolutions of the city council, approved Septem- 
ber 11, A.. D. 1873, shall be under the charge of the Hartford, Prov- 
idence and Fishkill Railroad Company, or the said Providence and 
Springfield Railroad Company as has been or may be agreed upon 
between said companies ; and in case of their failure to agree, shall 
be regulated by the city council. 

Third : That nothing hereinbefore contained shall in any way 
affect the conditions imposed in and by the second resolution nor the 
provisions of the third and fourth resolutions of a series of resolu- 
tions relating to the Providence and Springfield Railroad Company, 
approved September 11 A, .D. 1873. 



EXTBACTS 

FROM ACTS OF THE GENERAL ASSEMBLY RELATIVE TO RAIL- 
ROADS AND THE COVE LANDS. 

THE PROVIDENCE AND WORCESTER RAILROAD 

COMPANY. 

MAY SESSION, 1844. 

AN ACT TO INCORPORATE THE PROVIDENCE AND WORCESTER 
RAILROAD COMPANY. 

It is enacted hy the General Assembly at follows : 



Section 2. The said corporation are hereby authorized and 
empowered to locate, lay out, construct and finally complete a 
railroad; commencing in the city of Providence; thence to 
the line of the State of Massachusetts, at or near the village of 
Waterford ; with such lateral branches of said road to any 
factories or villages on the Blackatone River or its branches, 
or the vicinity thereof, as the said company shall deem expe- 
dient ; in such manner and form as they shall deem expedient. 
And for this purpose the said corporation are authorized to lay 
out their road not exceeding six rods wide through the whole 
length ; and for the purpose of cutting embankments, and ob- 
taining stone and gravel, may take as much more land as may 
be necessary for the proper construction and security of said 
road ; provided that all damages that may be occasioned to 
any person, company or corporation, by taking of such land 
or materials for the purposes aforesaid, shall be paid for by 
said corporation, in manner hereinafter provided. 



164 ^ 

Sec. 14. If the stock shall not have been subscribed for, 

the company organized, and the location of the route filed with 

the court of common pleas of the county within which the 

land proposed to be taken for the use of said railroad is 

situated, previous to the first day of June, A. D. 1847, or if 

the stock being so subscribed, the company organized and the 

location made as aforesaid, the corporation fail to complete the 

said railroad before the first day of June, A. D. 1850, in either 

of the before mentioned cases, this act shall be void and of no 

effect. 

OCTOBEB SESSION, 1850. 

Upon the petition of the Providence and Worcester Railroad 
Company for authority to complete the location of their road 
in the city of Providence. 

Voted and Hesolved, That said [ etition be continued to the 
next session of the General Assembly, and that notice of the pen- 
dency of the same be published iii the Providence Daily Journal 
for three successive weeks next aiter the rising of the General As- 
sembly at its present session. 

JANUABT SESSION, 1S51. 

Resolution authorizing change of the time of holding an- 
nual meetings, and authorizing completion of location in the 
city of Providence. 

Upon the petition of the Providence and Worcester Railroad 
Company, praying for a change of the time of holdir.g the 
annual meeting of said company, and for authority to locate a 
certain small portion of their road. ^" 

Voted and Hesolved, That the prayer of said petition be and 
the same is hereby granted, and the Providence and Worcester 
Railroad Company be and they are hereby authorized to hold the 
next annual meeting (after the annual meeting in 1831,) of the 
members ol said company on the first Monday of February, in the 
year one thousand eight hundred and fifty-two, and thereafter to 
hold the annual meetings of the members of said company on the 
first Monday of February in each year, and anything in the charter 
of said company, inconsistent herewith is hereby repealed: And 



165 

that the said Providence and Worcester Railroad Company be, and 
they are hereby authorized to go on and complete the location of 
their said Railroad from a point above their freight depot, as indi- 
cated by letter C, in the city of Providence, to a point below their 
passenger depot in said city, indicated by the letter A, upon the 
plat annexed to said petition accordina; to the views drawn upon 
said plat in the same manner, and wi.h the same effect, as they 
might have done had the said location been made within the time 
prescribed in their charter for the completion of the location of said 
road ; provided, that said location shall be completed on oy before the 
first day of March, A. D. 1852, and be made in accordance with the 
provisions of their charter in all other respects, except in relation to 
the time therein limited. 

[Note. For the action of the city council on the foregoing petition and 
resolution, see.pages 83, 87, 88 supi-a.l 

THE NEW YORK, PEOVIDENCE AND BOSTON 
RAILROAD COMPANY. • 

JUIfE SESSIOIf, 1832. 

AN ACT TO INCORPORATE THE NEW YORK, PROVIDENCE AND 
BOSTON RAILROAD COMPANY. 

Section 1. * * * * 

And the said corporation are hereby authorized and empow- 
ered to locate, lay out and construct and finally complete a 
railroad, commencing in the city of Providence, thence to the 
line of the state of Connecticut, on Pawcatuck River in Wes- 
terly ; and such lateral branches of said road to any part of the 
waters ot Narragansett Bay, or to any factories or villages, as 
the said company shall deem expedient, in such manner and 
form as they shall deem expedient. And for this purpose the 
said corporation are authorized to lay out their road, not ex- 
ceeding six rods wide through the whole length. * * 



166 



JUNE SESSION, 1836. 

AN ACT IN AMENDMENT OF AN ACT ENTITLED " AN ACT TO 
INCORPORATE THE NEW YORK, PROVIDENCE AND BOSTON 
RAILROAD COMPANY." 

***** 

Sec. 12. And he it further enacted, that nothing contained 
in the original charter, or any amendment thereto, or other- 
wise shall be intended or construed to authorize said corpora- 
tion to construct or erect any wharf, basin, pier, bridge or any 
other matter or thing, so as to obstruct or impede the naviga- 
tion of Providence river ; nor to carry said railroad through 
the compact part of the city of Providence, north of Pine street. 

JANUABT SESSION, 1841. 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT TO 
INCORPORATE THE NEW YORK, PROVIDENCE AND BOSTON 
RAILROAD COMPANY." 

Be it enacted hy the General Assembly as follows : 

Section 1. The New York, Providence and Boston Rail- 
road Company are hereby authorized and emijowered to con- 
struct and extend their Ptailroad from its present termination 
on the land of said company, in the city of Providence, over 
and upon the Providence and Pawtuxet turnpike road, a part 
of Eddy street and a part of Dyer street, to the land of said 
company situated on Dorrance street, in said city, with the same 
rio-hts, privileges, franchises and immunities as are granted to 
said company, in, and by the act to which this is in addition ; 
subject, however, to the following conditions, restrictions and 

limitations, to wit : 

Said railroad shall not be constructed upon said turnpike 
road, unless upon an agreement to that effect, entered into be- 
tween the Providence and Pawtuxet turnpike company, and 
the said New York, Providence and Boston railroad company. 
Said streets shall be graded and prepared for the purpose afore- 



167 

said, at the expense of said New York, Providence and Boston 
railroad company ; and the manner of grading and preparing 
said streets for that purpose, and of laying the rails therein, 
shall be subject to the assent and approbation, and under the 
direction of the city council of said city, or of such committee 
or committees as said council shall appoint for that purpose. 

Whenever it shall be deemed by the cit}' council proper to 
cause any drain or sewer to be laid in or" under either of said 
streets, or any part thereof, or to cause either of said streets or 
any part thereof to be paved, re-paved or otherwise repaired or 
altered, any alteration which the city council may deem requi- 
site to be made for that purpose in said rails or their appurte- 
nances, whether by taking up and re-laying the same, or other- 
wise, shall be made and done, at the expense of said railroad 
company, and under the advice and direction of the city coun- 
cil, or of such committee or committees as said council shall 
appoint for that purpose. 

No car or other vehicle shall be drawn or propelled through 
said streets, or any part thereof, by any steam or locomotive 
engine ; and no car or other vehicle shall be drawn on the rails 
through said streets or any part thereof, at any greater speed 
than may be by law allowed for the drawing of other carriages 
through the streets of said city ; and the rate of speed and the 
mode of traveling on said rails, shall be subject to the control 
of said city council, by such ordinances as said council may,, 
from to time time, make and ordain 

OGTOBEB SESSION, A. D. 1846. 

AN ACT IN ADDITION TO AND AMENDMENT OF " AN ACT ENTI- 
TLED AN ACT TO INCORPOEATE THE NEW YOKJi:, PROVI- 
DENCE AND BOSTON RAILROAD COMPANY," AND THE ACTS 
IN AMENDMENT THERETO. 

It is enacted by the General Assembly as follows : 

Section 1. The New York, Providence and Boston Railroad 
Company are hereby empowered to locate, lay out and con- 
struct a railroad ; commencing at any point of their railroad as 



168 

now located and constructed, within six miles of their present 
depot in the city of Providence, thence to and upon the cove 
in the city of Providence, in such place and manner as will 
enable them to connect their railroad with the railroad of the 
Providence and Worcester Railroad company or with the 
railroad of the Boston and Providence Eailroad Company upon 
said cove. And for this purpose said corporation are author- 
ized to lay out their road not exceeding six rods wide through 
the whole length; and for the purpose of cutting embankments, 
and obtaining stone and gravel, may take as much more land 
as may be necessary for the proper construction and security of 
said road ; provided, that all damages that may be occasioned 
^to any person, company or corporation, by taking of such 
land or materials for the purpose aforesaid shall be paid for by 
said corporation in the manner hereinafter provided. 

***** 



* 



Sec. 11. Nothing in this act contained, shall be construed 
to authorize said corporation to carry said railroad into or 
throuirh the city of Providence, without having first obtained 
the consent of the city council of said city of Providence, and 
upon such conditions as said city council shall prescribe. 

(Note. For consent of city council, see pages 97 — 99, supra.) 

THE BOSTON AND PROVIDENCE RAILROAD 

CORPORATION. 

JUNE SESSION, 1853. 

AN ACT IN AMENDMENT OP AN ACT ENTITLED " AN ACT TO 
INCORPORATE THE BOSTON AND PROVIDENCE RAILROAD 
AND TRANSPORTATION COMPANY." 

It is enacted hy the General Assembly as follows : 

Section 1. The Boston and Providence Railroad and Trans- 
portation Company shall hereafter be named and styled " The 



169 

Boston and Providence Railroad Corporation ;" and by that 
name shall have full power and authority to hold, exercise and 
enjoy all property and franchises to said corporation belonging: 
and to receive from the Providence and Worcester Railroad 
Company a good and valid conveyance or conveyances of all 
that line or piece of railroad extending from the state line of 
the States of Massachusetts and Rhode Island, at a point north 
of Central Falls to the point where said line or piece of railroad 
intersects the main line of the railroad of said Providence and 
Worcester Railroad Company : with all lands or rights to 
land, buildings, tracks, turnouts and other appurtenances of 
said line or piece of railroad ; and also of all the right and in- 
terest, to which the Boston and Providence Railroad Corpora- 
tion established by the Legislature of the Commonwealth of 
Massachusetts may be entitled in and by virtue of any agree- 
ment or agreements now existing with said Providence and 
Worcester Railroad Company in and to all that line or piece of 
railroad extending from said point of intersection to and into 
the cove in the city of Providence, and in and to all lands and 
rights to land, passenger and freight depots, engine houses, car- 
houses and other buildings, tracks, turnouts and other railroad 
appurtenances, as well along the line of said last named line 
or piece of railroad as in and adjoining the cove in said Provi- 
dence or elsewhere in said Providence, and that upon receiving 
said conveyance or conveyances, said corporation by that name 
shall have full power and authority to hold, use, manage and 
enjoy the said lines or pieces of railroad and other property 
under and in conformity to all restrictions imposed upon them, 
and with all the rights and franchises granted to them as a 
railroad corporation, in and by the act to which this act is in 
amendment. 

jfc ^S *^ ^r ^^ 

22 



170 



HARTFORD, PROVIDENCE AND FISHKILL RAIL- 
ROAD COMPANY. 

JUNE SESSION, 1852. 

AN ACT IN AMENDMENT OF AN ACT ENTITLED "AN ACT TO 
INCORPORATE THE PROVIDENCE AND PLAINFIELD RAIL- 
ROAD COMPANY." 

***** 

Section 2. The said Hartford, Providence and Fishkill 
Railroad Company are hereby authorized to lay out, locate 
and construct their railroad over any lands of the New York, 
Providence and Boston Railroad companj^ purchased or lo- 
cated for the purpose of laying out, locating and constructing 
said last named railroad, and lying northerly and westerly of 
the rails thereof between its termination in the city of Provi- 
dence and any point southe]-ly of and near Benedict's Pond in 
Cranston, where the railroad of said Hartford, Providence and 
Fishkill Railroad Company may diverge from the railroad of 
said New York, Providence and Boston Railroad Company. 
Provided, however, that the southerly rail of the Hartford, 
Providence and Fishkill Railroad Company shall not be laid 
within less than seventeen feet of the northerly rail of the 
New York, Providence and Boston Railroad Company with- 
out the consent of the last named company. 

***** 

PROVIDENCE AND SPRINGFIELD RAILROAD 

COMPANY. 

JANUABY SESSION, 1857. 

AN ACT TO INCORPORATE THE WOONASQUATUCKET RAILROAD 
COMPANY (SUBSEQUENTLY CHANGED TO PROVIDENCE AND 
SPRINGFIELD RAILROAD COMPANY.) 

Section 1. * * * * 

And the said corporation are hereby authorized to locate, lay 
out, construct and finally complete a railroad commencing in 
the city of Providence or at such point on the railroad of the 



171 

New York, Providence and Boston Railroad Company, or on 
the railroad of the Hartford, Providence and Fishkill Railroad 
Company, as may be agreed upon with said companies, or 
either of them, and thence to the village of Olneyville, and 
thence up the valley of the Woonasquatucket river on either 
branch thereof. 

^ ^ ^ ^ ji^ 

Sec. 23. Nothing in this act shall be intended or construed 
to allow said corporation to lay out, construct or continue said 
road into or through the city of Providence, unless with 
the assent of the city council of said city, and upon compli- 
ance with such conditions as said city council may impose. 

(Note. For nssetit of city council, see city council Resolution No. 221, 
Approved Sept. 11, 1873, and Resolution No. 259, approved Sept. 30, 1873, 
pages 158 — 162 supra. ) 

AMENDMENTS TO THE PROVIDENCE HARBOR 

ACT. 

JAJ^UARY SESSION', 1837. 

AN ACT IN ADDITION TO AN ACT ENTITLED '-AN ACT RELA- 
TIVE TO THE HARBOR AND PUBLIC WATERS OF THE TOWN 
OF PROVIDENCE." 

Be it enacted hy the General Assembly as follows : 

Section 1. No person or persons, corporation or corpora- 
tions shall fill out, or cause or procure to be filled out, with any 
material whatever, any flat, shoal or piece of land covered with 
tide waters at ordinary tides, within the limits of the city of 
Providence, unless he, she or they shall, before the commence- 
ment of or proceeding upon such work, build, erect or place, 
or cause to be built, erected or placed upon the outer line of 
the flat, shoal or piece of land intended by him, her or them 
to be filled out and also upon so much of the lines on both 
sides thereof as may adjoin any flat, shoal or piece of land 
covered with tido waters as aforesaid, a good permanent stone 
wall of proper depth, width, height and compactness, and well 
and sufficiently secured to prevent the mud or any other ma- 



172 

terial within said lines from being washed or pressed outward 
into or towards any part of the harbor of said city, of the Cove 
above the bridge,or of any other pnbhc waters thereof; Provided^ 
the board of aldermen of said city shall require said wall or 
walls to be built; and said work shall be done and finished in 
such manner, and composed of such materials as the board of 
aldermen of the city shall direct and approve. 

Sec. 2. If any person or persons, corporation or corpora- 
tions, shall violate the preceding section of this act, or shall 
neglect to keep in good repair any such wall as shall have 
been l)ullt, erected or placed aforesaid, he, she or they so 
oflending shall forfeit and pay to and for the use of said city 
of Providence, a sum not less than five hundred nor more tht:n 
ten thousand dollars, to be recovered by action of the case, in 
the name of the city treasurer of said city, before any court 
proper to try the same. 

OCTOBEB SESSION A. D. 1841. 

AN ACT TN ADDITION TO "AN ACT RELATIVE TO THE HARBOR 
AND PUBLIC WATERS OF THE TOWN OF PROVIDENCE." 

It is enacted by the General Assembly as follows : 

Section 1. If any person shall erect or build, or cause to 
b(J erected or built, any wharf or buildings upon any part of 
the cove or other public waters above Weybosset bridge, in 
the city of Providence, outside of the present high water mark, 
or shall place or cause to be placed in said cove or other pub- 
lic waters, any other obstruction of any kind whatever, with- 
out permission first granted by the board of aldermen of said 
city, the person or persons so offending shall forfeit and pay a 
sum of money not less than fifty dollars, nor more than one 
thousand dollars ; which penalty may be sued for and re- 
covered before any court of competent jurisdiction, by indict- 
ment, or by an action of debt ; one half thereof to and for the 
use of him who shall inform or sue for the same, and the other 
half to and for the use of the state; and in addition to said 
penalty, the said board of aldermen or the court before whom 



173 

such indictment shall be preferred, are hereby empowered to 
cause such obstructions to be removed at the cost of the person 
or persons who shall have erected or placed the same, or who 
shall have caused the same to be erected or placed. 

Sec. 2. The board of aldermen of said city are hereby 
authorized and empowered to mark out and direct, or permit 
to be built or erected, any wharves, streets, causeways, or 
bridges around, across or through said cove or other public 
waters above Weybosset bridge that they may think the pub- 
lic good may require ; Provided, that nothing herein contained 
shall authorize the taking of land above high water mark, for 
such streets, excepting in manner as is by law provided. 

Sec. 3. The city of Providence shall not be required to 
keep in repair any street directed or permitted by said board 
of aldermen to be built, until the same shall be received and 
declared by said board of aldermen to be a public highway to 
be repaired at the expense of the city. 

31 A Y SESSIOIi, A. D. 1845. 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT RELA- 
TIVE TO THE HARBOR AND PUBLIC WATERS OF THE TOWN 
OF PROVIDENCE " 

It is enacted hy the General AssembI//, as follows : 

Section 1. The city council of the city of Providence, are 
hereby authorized to grant upon such terms and conditions as 
they may deem for the public good, to any Kailroad Company 
whose railroad terminates at said city the right and privileo-e 
of establishing a depot upon any part of the land covered by 
the public waters in said city, above Wej'bosset bridge ; and 
of constructing such wharves, causeways, embankments and 
bridges, as may be necessary and proper to contain the build- 
ings and accommodations required for such depot ; Provided, 
that the plans of all wharves, causeways, embankments, brido-es 
and buildings proposed to be constructed for any such depot, 
shall be specially ap[)roved by the city council of said city, 
before the same shall be constructed. 



174 

Sec. 2. Nothing in this act shall be construed to surrender 
or impair any rights which belong to the state, in that part of 
said land covered by the public waters, which said city does 
not appropriate to the use of such railroad company ; nor to 
authorize the taking of private property for the use of any 
railroad company, excepting as is by law provided. 

3fAT SESSION, 1848. 

AN ACT IN ADDITION TO AN ACT ENTITLED " AN ACT RELA- 
TIVE TO THE HARBOR AND PUBLIC WATERS OF THE TOWN 
OF PROVIDENCE." 

It is enacted hy the Greneral Asseiiibly as folloios : 

Section 1. The city council of the city of Providence are 
hereby authorized to grant, upon such terms and conditions as 
they may deem for the public good, to any liailroad Company 
whose railroad now doth or hereafter shall terminate in said city, 
the right and privilege of laying rails upon and over the pub- 
lic lands and waters, and over and along the public highways 
and wharves, in said city, (not crossing the harbor, nor ob- 
structing the passing up and down the same,) with suitable 
turn outs and spur tracks on the route ; the whole to be lo- 
cated, constructed, and used, in all respects, as said city coun- 
cil, or as any authorized agent or officer appointed by said 
city council, shall from time to time direct or approve. 

Sec. 2. Said city council are hereby empowered to enact, 
from time to time, ordinances for the proper and convenient 
use of the rails, public lands, waters, highways and wharves 
aforesaid, with penalties not exceeding those authorized by the 
first section of an act entitled " An Act to incorporate the 
City of Providence," which penalties shall be enforced and col- 
lected as penalties for violation of ordinances of said city are 
or may be ; and if any Railroad Company who shall be au- 
thorized under this act to lay rails, shall, after notice 
served upon their president, treasurer or superintendent, in 
said city, persist in using their rails in any way or manner 
contrary to any order which said city council, or their au- 



175 

thorized agent or oiScer shall make, said city council shall 
have authority to cause such rails to be removed. 

Sec. 3. Nothing in this act shall be construed to surrender 
or impair any rights which belong to the state in any land 
covered by the above mentioned public waters, which said city 
does not appropriate to the use of any Railroad Company, nor 
to authorize the taking or injuring of private property for the 
use of any Railroad Company, excepting as is by law provided. 

Sec. 4. This act shall go into effect immediately after the 
passage thereof. 

JANUABY SESSION, 1870. 

Resolution relating to the Cove Lands. 

Resolved, That the General Treasurer of this State be, and 
hereby is, instructed to execute a conveyance to the city of Provi- 
dence, of all the right, title and interest that the State has in and to 
the Cove Lands, fso called,) in said city ; being the lands now or 
heretofore flowed by tide water above Weybosset bridge, in said 
cit}', said conveyance to be made and executed under the direction 
and to the satisfaction of the Attorney General of this State, when- 
ever the city of Providence shall pay to the State the sum of Two 
Hundred thousand Dollars, in a satisfactory bond, to be approved 
by the Governor, payable in five years, without interest, provided 
that said bond be executed within six months from the passage of 
this resolution. 



COPIES 

from the records of the court of common pleas, in 
the county of providence, relative to locations of 
railroad companies in the city of providence. 

The Providence and Worcester Kailroad Company. 

To the Honorable Court of Common Pleas now holden at 
the city of Providence, in and for the county of Providence, on 
the first Monday of December, 1845. 

The corporation of the Providence and Worcester Railroad 
Company, having located by virtue of their charter of incorpora- 
tion that part of their Railroad lying between a point in said 
city of Providence on the causeway runnino; from Canal street 
towards the State Prison, and twenty-five feet west of the 
westerly bridge on said causeway, to a point on the dividing 
line between the states of Rhode Island and Massachusetts, in 
the town of Smithfield, near Welcome Farnum's factory, all of 
which said location is within the towns of Providence, North 
Providence, Cumberland and Smithfield, in the said county of 
Providence, do hereby respectfully make to this Honorable 
Court the report of said location as authorized by Section 
Eighth of the Act of incorporation of said company by the 
maps and tables thereon inserted accompanying and making 
part and parcel of their report, — the said maps being numbered 
from one to nine — both inclusive, the said maps in their order 
as numbered, beginning at the point in said city of Providence 
above named, and showing by the red line laid down on them, 
the continuous line of the said location to the point in the 
dividing line between the states aforesaid, and the said tables, 
part of this re[)ort as aforesaid, inserted on said maps, stating 



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177 

the name of the owners of the lands through which the said line 
of location passes, so far as the same can be ascertained, ann 
describing the lengths of the said line on the lauds of each of 
the said owners and the bearing thereof. Each of said maps 
forming part of this report having a certificate on the face 
thereof, that the line of the said Kailroad, laid down in Red on 
the same, is the line as located aforesaid, which said certificate 
is signed by the President of the said Providence and Worces- 
ter Railroad Company and by Nathaniel F. Potter and William 
Jackson, agents of the tiame, and T. Willis Pratt, engineer 
thereof. 

For the corporation, 

ALEXANDER DUNCAN, 
President of the Providence .-nd W^orcester Railroad Com- 
pany. 

To the Honorable Court of Common Pleas, now holden at 
Providence within and for the county of Providence, on the 
fiiat Monday of December, 1846, and at the December term 
thereof. 

The corporation of the Providence and Worcester Railroad 
Company having located by virtue of their charter of incorpora- 
tion that part of their Railroad lying between Station No. 20 
and Steeple street, in the city of Providence, herebj'- respect- 
fully make to this Honorable Court the report of said location 
as authorized by section eighth of the Act of incorporation of 
said company by the maps and tables thereon inserted accom- 
panying and making part and parcel of this report, stating the 
names of the owners of the land, through which the line of 
location passes, so far as the same be ascertained, and describino- 
the lengths of the said line on the lands of each of the said 
owners and the bearings thereof. The Red line representiufr 
the location as filed January, 1846, and the Blue line repre- 
senting the alteration, which said map forming a part of this 
report, having a certificate on the iace thereof, that the line of 
said road laid down in Blue is the line as now located afore- 
said; which said certificate is siijned by the President of the 



178 

said Providence and Worcester Eailroad Company, and by 
Nathaniel F. Potter and William Jackson, agents of the same, 
and T. Willis Pratt, engineer thereof, and the said Providence 
and Worcester Eailroad Comj)any do hereby expressly abandon 
and relinquish the former location beginning at Station 20 and 
running southerly as by the Red line aforesaid made, which said 
former location delineated on said plat was made over lands 
belonging to said Railroad Company only. 

JOHN BARSTOW, 
President of the Providence and Worcester Railroad Com- 
pany. 

To the Honorable Court of Common Pleas now holden at 
the city of Providence, in and for the county of Providence on 
the first Monday of June, 1851. 

The corporation of the Providence and Worcester Railroad 
Company, by virtue of the charter of incorporation and the 
amendment thereto (a copy of which amendment is annexed to 
the maps accompanying this report) having located that part 
of their Railroad, commencing at a point above their freight 
depot in the city of Providence, as indicated by the letter C 
on the map and table accompanying this report and making a 
part and parcel thereof, to a point below their passenger depot 
in said city as indicated by the letter A upon said map, here- 
with submit their report of such location. The location is made 
upon land filled in the cove, in the city of Providence, by this- 
company and the fee of which is in the public, the State of 
Rhode Island as trustee for the public. 

For the Corporation Providence and Worcester Railroad 

Co., by 

ORRAY TAFT, President. 



179 

The New York and Boston Railroad Company. 

State of Rhode Island &c. Providence, s.c. 

To the Honorable Court of Common Pleas, May Term, A. 
D. 1847. 

The New York, Providence and Boston Railroad Company, 
respectfully report. That in pursuance of the Act entitled 
" An Act in addition to, and in amendment of an Act entitled 
' An Act to incorporate the New York, Providence and Boston 
Railroad Company,' " and the Acts in amendment thereto 
passed at the October session of the general assembly, A. D. 
1846, they have located a railroad, commencing at a point of 
their Railroad as now located and constructed within six miles 
of their present depot in the city of Providence. That said 
location is fully delineated and laid down on the plat or survey 
contained in the following sheets or pages ; that the Red lines 
on said plat represent the centre or middle of the track of said 
railroad. That said plat shows and describes particularly the 
bearings of the intended route of said railroad, and the names 
of the owners of the land through which the same passes, so 
far as they can be ascertained, together with the lines of parti- 
tion of the several owners of land, through or over which said 
railroad is located and the courses of said lines of partition so 
far as could be ascertained, and said plat is preceded by ex- 
planations illustrating the same, all of which are to be taken as 
part of this report. 

New York, Providence and Boston Railroad Company, by 

ELISHA PECK, President. 
May Term, A. D. 1847, Court of Common Pleas, filed 13th 

day of the Term. 

John W. Smith, Clerk. 

The Hartford, Providence and Fishkill Railroad 

Company. 

To the Honorable Court of Common Pleas, to be holden at 
Providence, in and for the county of Providence on the first 
Monday of December, 1852. 



180 

The corporation of the Hartford, Providence and Fishkill 
Railroad Company, having located by virtue of their charter of 
incorporation, that pai't of their Railroad lying between a point 
in the town of Cranston, at or near the boundary line between 
said Cranston, and the city of Providence, to a point three 
hundred and thirty-three feet distant westerly from the Station 
House of the Providence and Worcester an<l the Boston and 
Providence Railroad Companies in the city of Providence, all 
of which location is in the county of Providence, do hereby 
make to the said Honorable Court this report of said location ; 
as authorized by Section 7 of the Act of incorporation of said 
company by the maps and tables thereon inserted accompany- 
ing and making part and parct 1 of this report ; the said maps 
being numbered 3, 4, 5, 6, 7 and 8. 

The said maps, in their order, beginning at said point, at or 
near the boundary line between the city of Providence and the 
town of Cranston, as above mentioned and showing by the Red 
line laid down thereon the continuous line of said location to 
the point three hundred and thirty-three feet distant, westerly 
from the Station House of the Providence and Worcester and 
the Boston and Providence Railroad Companies in the city of 
Providence, as aforesaid, and the said tables, part of this report 
as aforesaid inserted on said majjs, stating the names of the 
owners of the land through which the said location passes, so 
far as the same can be ascertained. Each of said maps iorming 
part of this report, having a certificate on the face thereof, that 
the line of said Railroad, laid down in Red on the same is the 
line as located aforesaid, which said certificate is signed by the 
President of the said Hartford, Providence and Fishkill Rail- 
road Company and by Samuel Ashburner, engineer thereof for 
said corporation. 

The Hartford, Providence and Fishkill Railroad Company, 

by 

JAMES M. BUNCE, President. 
Providence, Dec. 8, 1852. 

Recorded in Book 41, page 519. 

A. S. Westcott, Clerk. 



T BUIIOINC, OCCUPieO BY THt BOSTON V> PROVIDCNCE 
LY ALONG. SAID LINE PRODUCED^ ■<»-ll FT TO A POINT 
NCE lOUTHERLY ON A CURVE PARALLEL WITH AMD 
EST CORNER Of THE FKEI&HT DEPOT OF THE 

FT. ABOUT 380 FT. TO THE EASl END Of 
MENADE THENCE WESTERLY ON A STRAIGHT- 
C or 5AIP PROMENADE . -THENCE 
OUTHERLY FROM THE SOUTH 

WEST END OF SAIO 




STATtjE & WORCESTER RAILROAD COMPANY PRAYIN6 FOR CHANCE OF TIME 
or MOLOifp RtjOLVED- AND THAT THt SAID PROVIDENCE A, WORCESTER RAIL - 
ROAD B|R FREIG.HT DEPOT AS INDICATED BY THE LETTE C IM THE CITY OF 
PROVIDE? PETITION ACCORDINC TO THE LINES DRAWN UPON SAID PLAT IN THE 
SAME MscRIBEO IN THEIR CHARTER FOF. THE COMPLETION OF THE LOCATION 
Of SAID )n ACCORDANCE WITH THE PROVISIONS OF THEIR CHARTER IN ALL. 
OTHER 

TRUE COPY. WITNESS 
(^sitHEi)) CHAS. E. R08BINS, SECY. 




r KHOOC IILAND AND ^KOVIOENCt n»NT*T10N3. IN frENEKML KtStMBir JANIWRY S£»IION, * Hffl. UfON THE PETITION OF TM£ PROVI0EN(E k WOUCCSTtB MILHOAD COMPANY fRAYIHft FOA CHANCJ OF TIME 

MEtTttt Of (Aig COMrAtrv AMB FOU AUTHORITY TO LOCATE A CERTAIN SMALL PORTION OF THEIR ROAD - VOTED AOtD RESOLVED- AND TXAT THE SAID PROVIDENCE & WORCESTER RAIL • 

: HERERY AUTHORI2E0 TO Cu ON AND COMPLETE THt LOCATION OF TMEIR SAID RAILROAD FROM A POINT ABOVE THElK FRIliHT DEPOT Al INDICATED t1 THE LtTTE t IN THE CITY OF 

EIR rASSEN&ER DEPOT IN lAiO CITY, INDICATED BT THE LETTER 4 UPON THE PLAT ANNEXED TO SAID PETITION ACCDRDINC TO THE LINES DRAWN UPON 9AI0 PLAT tN THE 

WE tFFtCT At TMEY MIfiMT HAVE DONE HAD THE SAIO LOCATlOf/ SEEN MADE WITHIN THE TIME PRESCIMBED IN THEIR CHARTER FOR THE COMPLETION Of T« LOCATION 



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